????□ Legal Daily reporter Pu Xiaolei

????Do I need to register for business if I sell my own agricultural and sideline products on the e-commerce platform?

????Who will bear the risks and responsibilities in commodity transportation?

????How to solve the problem of unfair trading behavior of operators in the e-commerce platform?

????How to solve the problem that it is difficult for consumers to report complaints and obtain evidence?

????……

????All these questions can be answered in the second draft of the draft e-commerce law submitted to the 30th session of the 12th the National People’s Congress Standing Committee (NPCSC) for deliberation today.

??? Exemption from further relaxation of industrial and commercial registration scope

????Paragraph 1 of Article 12 of the first draft stipulates that e-commerce operators shall handle industrial and commercial registration according to law. However, there is no need to obtain permission in accordance with the law to provide labor services with personal skills, cottage industry, self-production and marketing of agricultural products, and there is no need for industrial and commercial registration in accordance with laws and regulations. The specific measures shall be formulated by the State Council.

????In this regard, there are two opinions: one opinion is that the scope of exemption from industrial and commercial registration is too narrow, which is not conducive to the development of e-commerce. Another view is that the draft is generally consistent with the provisions of the measures for investigating unlicensed business recently promulgated and implemented in the State Council. At present, industrial and commercial registration and tax registration have been merged, and one photo and one yard are implemented. Industrial and commercial registration is the basis of tax collection and management, and industrial and commercial registration should be unified online and offline.

????After research, the Law Committee suggested that the above provisions be amended as follows: E-commerce operators should handle industrial and commercial registration according to law. However, sales of self-produced agricultural and sideline products, sales of household handicraft products, personal use of their own skills to engage in convenient labor services activities that do not require permission according to law, and industrial and commercial registration is not required according to laws and administrative regulations.

??? E-commerce operators shall not fabricate user evaluations.

????Some members of the Standing Committee, local governments, departments and the public suggested further strengthening the obligations of e-commerce operators, especially platform operators, and strengthening the protection of consumers’ rights and interests.

????After research, the Law Committee proposes to add the following provisions:

????E-commerce operators shall not infringe consumers’ right to know by means of false propaganda, fictitious transactions, fabricated user evaluations, etc.

????E-commerce operators shall deliver goods or services to consumers in the way and within the time limit promised or agreed with consumers, and bear the risks and responsibilities in the transportation of goods. However, unless the consumer and the e-commerce operator agree to choose another express logistics service provider.

????E-commerce operators shall clearly indicate the methods and procedures for users to cancel, and shall not set unreasonable conditions for users to cancel.

????E-commerce platform operators shall bear the responsibilities of commodity sellers or service providers according to law for commodity transactions or service transactions marked as self-operated businesses.

????E-commerce platform operators should display search results to consumers in various ways according to the price, sales volume and credit level of goods or services; For the goods or services ranked by bidding, "advertising" shall be clearly marked.

??? Platform operators shall not charge unreasonable fees.

????Some members of the Standing Committee, enterprises, experts and the public suggested that the relevant provisions of the draft should be improved in view of the unreasonable service agreements and trading rules used by e-commerce platforms to implement unfair trading behaviors against operators in the platform.

????After study, the Law Committee recommends the following amendments:

????In article 23 of the first draft, the provision that operators of e-commerce platforms should publicly solicit opinions when modifying the platform service agreement and publicize the modified contents in advance is added.

????Item 5 of Article 55 of the first draft is amended as follows: Operators of e-commerce platforms shall not unreasonably restrict or attach unreasonable trading conditions to the transactions and transaction prices of operators within the platform by means of service agreements and trading rules, or charge unreasonable fees to operators within the platform.

??? Strengthen the intellectual property protection responsibility of platform operators

????Article 53 of the first draft stipulates that if the operators in the e-commerce platform "know" that they infringe intellectual property rights, they shall take necessary measures such as deletion according to law.

????Some members of the Standing Committee, departments, enterprises and experts suggested further strengthening the intellectual property protection responsibility of platform operators.

????After research, the Law Committee suggested that the above provisions should be amended as follows: if the operators of e-commerce platforms know or should know that the operators in the platforms infringe intellectual property rights, they should take necessary measures such as deleting, shielding, disconnecting links, terminating transactions and services; If necessary measures are not taken, they shall be jointly and severally liable with the infringer. At the same time, in Article 54 of the first draft, it is added that if the operator of the e-commerce platform fails to take necessary measures in time after receiving the notice of infringement of intellectual property rights by the operators in the platform, it shall be jointly and severally liable for the expanded damage and the operators in the platform.

??? Operators shall promptly accept and handle complaints.

????Some members of the Standing Committee, local authorities, experts, and the public suggested that it is difficult for consumers to report complaints and obtain evidence in practice, and further improve the norms for handling disputes in e-commerce.

????After research, the Law Committee suggested that "e-commerce dispute settlement" should be a separate chapter, and the following provisions should be added:

????E-commerce operators should establish a convenient and effective complaint and reporting mechanism, disclose information such as complaint and reporting methods, and promptly accept and handle complaints and reports.

????In e-commerce dispute handling, e-commerce operators should provide original contracts and transaction records. If the people’s court, the arbitration institution or the relevant authorities are unable to ascertain the facts because the e-commerce operators have lost, forged, tampered with, destroyed, concealed or refused to provide the above information, the e-commerce operators shall bear corresponding legal responsibilities.

CCTV News:May 2nd is the second day of the "May 1st" holiday. Compared with May 1st, the overall traffic volume of national traffic trips is expected to decrease, but it still maintains a high level of operation, and the transportation department continues to provide travel service guarantee.

The reporter learned from China State Railway Group Co.,Ltd. that on May 2, the national railway is expected to send 17 million passengers and arrange to open 1094 additional passenger trains. Railway departments around the country have strengthened passenger service, optimized the streamline of entry and exit stations, and increased security inspection and verification channels. As an important hub of the Yangtze River Delta Railway, Nanjing South Railway Station accounts for about one-fifth of the daily passenger traffic. In view of the characteristics of many transfer passengers, the station has taken measures such as adding transfer gates, sending service personnel and volunteers to guide passengers to get on and off quickly and improve passenger traffic efficiency.

On the highway side, the expressway network traffic is expected to continue to maintain a high level on May 2. The traffic volume of the highway network around most popular scenic spots and large and medium-sized cities in China will be relatively large during peak hours.

In terms of civil aviation, the national civil aviation is expected to fly 16,480 flights on May 2. Affected by rainfall and strong convective weather, some airports in the south may experience flight delays. The airport actively makes plans and assists the airline company in ensuring passenger service.

On the first day of the "May 1" holiday, the cross-regional flow of people in the whole society exceeded 280 million.

Pay attention to holiday travel. On the first day of the May 1 holiday, the cross-regional turnover of the whole society exceeded 280 million, an increase of 15.9% over the first day of the May 1 holiday in 2019. Among them, the railway passenger traffic is expected to be 20.4 million passengers, the cross-regional personnel flow on highways is expected to exceed 257 million passengers, the waterway passenger traffic is expected to be 900,000 passengers, and the civil aviation passenger traffic is expected to exceed 2.11 million passengers. In order to facilitate passengers’ convenient travel, the railway department has increased security inspection and verification channels, increased guidance in key places, and strengthened coordination with public transportation, subway, taxis and other modes of transportation to get through the "last mile" of passengers’ travel. 　　　

Traffic Management Bureau of the Ministry of Public Security: It is expected that the traffic flow of some out-of-town roads will run at a high level today

May 2nd is the second day of the "May 1st" holiday. It is expected that the traffic flow of some roads out of the city will still run at a high level, and the number of vehicles leading to scenic spots will continue to increase. According to the forecast of the Central Meteorological Observatory, there will be rain in parts of Guangdong, Guangxi, Hainan and other places on May 2, and a new round of precipitation will occur in the southern region the day after tomorrow. The Traffic Management Bureau of the Ministry of Public Security reminds drivers and passengers to pay attention to driving safety.

Fujian: Coastal water passenger transport ushered in the peak of passenger flow.

Water transport. On May 1, Fujian coastal water passenger transport ushered in the peak of passenger flow, sending nearly 200,000 passengers. Among them, the passenger flow of routes such as Meizhou Island Ferry and Xiamen Drum Ferry has increased significantly. Meizhou Island Ferry sent nearly 40,000 passengers, nearly 8 times the daily number; The ferry from Xiamen to Gulangyu sent nearly 50,000 passengers.

In order to cope with the increase in passenger flow, during the holiday period, Fujian Maritime Department implemented the "one line, one policy" guarantee scheme for passenger ferry routes to ensure the seaworthiness of ships and the suitability of routes. In view of the recent strong convective weather, the local authorities have also strengthened early warning and pre-control measures to ensure the smooth navigation of ferries.

CCTV News:During the Spring Festival this year, the tourism market in Harbin, Heilongjiang Province continued to be hot, and the number of tourists in major scenic spots reached a record high. According to the data provided by Harbin Municipal Bureau of Culture, Radio, Film and Tourism, from February 10 to 14, the city received a total of 6.298 million tourists, an increase of 82.9%.

Many scenic spots, such as Harbin Ice and Snow World, Sun Island Snow Expo, Harbin Sophia Square, etc., have launched various Spring Festival celebrations to let tourists enjoy the enthusiasm of Harbin.

The popularity of ice and snow tourism has also driven the consumption growth of local catering, accommodation and other related industries. According to the survey data of some key industries by Harbin Municipal Bureau of Commerce, from February 10 to 13, the turnover of accommodation industry in Harbin increased by 22.90% compared with the same period of last year, and the turnover of catering industry enterprises increased by 51.55% compared with the same period of last year.

Shenyang, Liaoning: the cultural tourism market is popular and the consumption power of the business circle is strong.

Five days before the Spring Festival holiday, the cumulative number of domestic tourists received by Shenyang, Liaoning Province increased by over 128% year-on-year, and the domestic tourism revenue increased by over 257% year-on-year. Let’s go to Fangcheng Scenic Area in Shenhe District, Shenyang to see the fiery scene of cultural tourism consumption.

In Fangcheng Scenic Area, the pedestrian street in Zhongjie is crowded, and people walk between simplicity and fashion, feeling happy and peaceful China Year. Many national brands have attracted everyone’s attention. The ice cream sold in this cold drink shop is a municipal intangible cultural heritage of Shenyang, and many tourists come here. Take tourists’ favorite cream flavor as an example, the sales volume has increased more than 10 times recently.

This small shop, which sells hand gifts, creatively integrates different specialties of 14 cities in Liaoning, and is deeply welcomed and loved by tourists.

In the Toutiao Hutong in Zhongjie, there are also operators wearing northeast flower jackets selling special snacks.

At the same time, Shenyang time-honored brands such as Eight Kings Temple and Laolongkou also actively linked with the hotel industry, moved products with Shenyang characteristics into hotels and restaurants, designed and launched hand-holding gifts with distinctive local characteristics, and jointly created new consumption scenes.

Dunhuang, Gansu: The tourism market continues to heat up during the Spring Festival.

During the Spring Festival, Dunhuang, Gansu Province ushered in the first peak of passenger flow in 2024, and the tourism market continued to heat up. On February 14th, six scenic spots in Dunhuang received a total of 25,340 tourists.

In Dunhuang Mogao Grottoes Scenic Area, colorful cave murals, mysterious Buddhist stories, clever flying in Dunhuang and amazing art treasures have attracted a large number of Chinese and foreign tourists. In the Yueya Spring Scenic Area of Mingsha Mountain, tourists enjoy climbing mountains, riding camels and taking photos with great interest, enjoying the desert scenery and celebrating the Spring Festival holiday.

Enjoy the beautiful scenery during the day and watch the performance at night. In Dunhuang, tourists started the "white+black" play mode. During the Spring Festival, the cave-style immersive experience drama "Music in Dunhuang" opened a different cultural journey for tourists. Museums, bookstores, research activities, etc. have also attracted many tourists to punch in, feel the desert customs, and learn more about Silk Road culture and celebrate the Spring Festival.

Jingdezhen, Jiangxi: Cultural and creative market attracts tourists and stimulates new vitality of Spring Festival consumption.

In Jingdezhen, the porcelain capital of China, during the Spring Festival, ceramic products attracted many tourists at the local creative market, which also effectively activated the consumer market of cultural tourism in the New Year.

During the Spring Festival holiday, the Taoxichuan cultural market in Jingdezhen, Jiangxi Province was crowded with people, and tourists were carefully selecting all kinds of exquisite ceramic artworks.

In order to make the ceramic industry here glow with new vitality, the local people thought of establishing a creative market, which was invested by the government and opened in traditional porcelain factories such as Taoxichuan. During the Spring Festival, the number of creative markets has grown from one in the past to five. While the offline market is booming, the online ceramic live broadcast industry has also developed rapidly. Every night, more than 200 young makers live broadcast their goods in the creative market.

Nanchang, Jiangxi Province: Burning calories during holidays and having fun during the Spring Festival.

This Spring Festival, in Nanchang, Jiangxi, many stadiums are "closed", and many citizens choose to go to the gym to burn calories and take advantage of the holidays to "charge" their physical activities.

In the Leigong ‘ao Cultural and Sports Industrial Park in Nanchang Economic Development Zone, every field of the indoor basketball hall is full.

With the development of racing culture, indoor go-karting has become a trendy competitive event, and many young people come to experience a realistic version of "speed and passion" during the Spring Festival holiday.

During the Spring Festival holiday, the equestrian club is also very lively. Equestrian enthusiasts of all ages gathered here. Everyone put on professional equipment, got on horseback and experienced the joy of "galloping on horseback" under the guidance of the coach.