The Features and Key points of E-commerce Law in China Mainland
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As the first basic and comprehensive legislation in the field of e-commerce, E-commerce Law of the People's Republic of China has received wide attention both theoretically and practically. Paying equal attention to the development and protection of e-commerce, smoothing connection of relevant laws and properly handling the relationship between the government and the market are three main features of the E-commerce Law. Three articles have become the highlights and emphases of the E-commerce Law: article 38 provisions on the corresponding liability of the platform; article 22 the provisions prohibit e-commerce business operators from abusing their dominant market position; article 35 E-commerce platform operators are prohibited from abusing relative preponderant position. Understanding the corresponding liability of the platform involves the convergence between E-commerce Law and Tort. Prohibiting e-commerce business operators from abusing their dominant market position and their relative preponderant position demonstrate the determination of the E-commerce Law to maintain the order of competition in the e-commerce market and establish a fair competition environment.
Abstract
As the first basic and comprehensive legislation in the field of e-commerce, E-commerce Law of the People's Republic of China has received wide attention both theoretically and practically. Paying equal attention to the development and protection of e-commerce, smoothing connection of relevant laws and properly handling the relationship between the government and the market are three main features of the E-commerce Law. Three articles have become the highlights and emphases of the E-commerce Law: article 38 provisions on the corresponding liability of the platform; article 22 the provisions prohibit e-commerce business operators from abusing their dominant market position; article 35 E-commerce platform operators are prohibited from abusing relative preponderant position. Understanding the corresponding liability of the platform involves the convergence between E-commerce Law and Tort. Prohibiting e-commerce business operators from abusing their dominant market position and their relative preponderant position demonstrate the determination of the E-commerce Law to maintain the order of competition in the e-commerce market and establish a fair competition environment.
참고문헌 (13)
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- "Definition of legal liability of e-commerce platform -- a brief discussion on article 38 of E-commerce law"[URL]
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- DaiLong, "Applicable Research on the Regulation of Abuse of Dominance in the E-commerce Law", Price:Theory & Practice, pp.31~ (2019)
- ZhuLi,ZengYouLin, "The Connection of E-commerce Law and Laws about Competition: System Logic and Feature Enforcement", Journal of Graduate School of Chinese Academy of Social Sciences, pp.107~ (2019)
- State Administration for Market Regulation, "Interim Provisions on Prohibition of the Abuse of Market Dominance", ~ (2019)
- DaiLong, "Applicable Research on the Regulation of Abuse of Dominance in the E-commerce Law", Price:Theory & Practice, pp.28~ (2019)
- ZhuLi,ZengYouLin, "The Connection of E-commerce Law and Laws about Competition: System Logic and Feature Enforcement", Journal of Graduate School of Chinese Academy of Social Sciences, pp.111~ (2019)