(I) massive business registration and tax collection issues
The E-commerce Law requires that e-commerce operators should register as market players and fulfill their tax obligations in accordance with the law, due to the fact that a large number of e-commerce C2C platforms on the sellers belong to the individual sellers, many of which have not done business and tax registration before. These individual sales groups are characterized by large number, small scale of operation, wide scope of practice, frequent changes, strong mobility, etc. For these sales groups to adopt the traditional offline individual business or enterprise registration and tax payment methods, in the short term, the market supervision and tax departments will not be able to cope with the demand for registration of a large number of individual sellers, and in the long term, since individual sellers are very different from enterprises, and enter and exit very frequently, the use of online registration and tax payment methods will not be able to cope with the demand for registration of a large number of individual sellers. In the long run, since individual sellers are very different from enterprises, they come and go very frequently, and it is impossible to realize efficient management of individual sellers' market registration and tax collection by using the offline mode.
(2) Part of the business model, such as bidding ranking, is blocked
The E-commerce Law requires that when e-commerce platform operators display the search results of goods or services to consumers in a variety of ways based on the price of the goods or services, sales volume, credit, etc., the bidding for the ranking of the goods or services should be significantly labeled with the word "advertisement". ". Requirements for significant labeling "advertising" practice, through the bidding ranking method from behind to induce consumers will be a serious setback, bidding ranking mode user conversion rate will bring a serious test. With the in-depth implementation of the e-commerce law and the network of consumers to improve the level of knowledge, the bidding ranking model will become more standardized, through bidding ranking to induce consumers to choose, to seek commercial violence of the times will be gone.
(C) regulatory agencies regulatory model can not keep up with the new requirements of legal supervision
E-commerce law from a number of aspects of e-commerce operators behavior to do the corresponding constraints, put forward a number of binding provisions, but relative to the government's regulatory and law enforcement means, according to the requirements of e-commerce law enforcement of e-commerce operators, the network platform has a large number of users, across space and time, instant change and other characteristics, in order to achieve the goal of the e-commerce law. The online platform is characterized by a large number of users, across time and space, instant changes, etc. To achieve effective supervision, it is obviously difficult to keep up with the government's current law enforcement means and technical support capabilities. For example, for business license disclosure requirements, if the platform does not have a strict governance mechanism for business license disclosure for those who operate in, the government has not adopted digital and networked means of online supervision, do not disclose the business license or when the business license information changes, will not be able to find out in a timely manner. In addition, the requirements of e-commerce operators in the collection of personal information, precision marketing and other aspects of the legal requirements, if the regulatory authorities do not have effective means of technological support, it will also be difficult to achieve effective in-depth supervision, the realization of the violation of the law is more difficult.
Suggestions for countermeasures
(I) Urge enterprises to do compliance operation according to the e-commerce law
In order to make enterprises understand the content of the e-commerce law in depth, and to ensure that the law can be formally implemented to operate in a compliant manner, we need to do a good job in the following aspects of work. First, increase the e-commerce law propaganda, especially for small and medium-sized e-commerce enterprises and individual e-commerce operators, legal departments at all levels to organize a variety of forms of publicity and training sessions to increase the propaganda efforts to deepen the knowledge and understanding of e-commerce law, according to the legal requirements of the timely adjustment and improvement of business strategies. Secondly, for large e-commerce platforms, regular e-commerce law exchanges should be held to closely track the progress of large e-commerce platforms in e-commerce law compliance and the problems they face, so as to discuss and study countermeasures in a timely manner. Third, give full play to the role of e-commerce associations and alliances at all levels in the promotion of e-commerce law, make good use of the associations and alliances platforms, and organize industry, legal and other aspects of the experts to go deep inside the enterprise to carry out the promotion of the law and guidance on compliance, to ensure that large-scale e-commerce platforms in the "E-commerce Law" after the implementation of the smooth operation of the law.
(2) Accelerating the promotion of electronic business registration and tax collection
In the face of massive business registration and tax collection, the market supervision and tax collection departments need to promote the change and innovation of the service model, which requires the following three aspects of work: First, accelerate the promotion of electronic individual business and enterprise registration, improve the system of business registration and large-scale e-commerce platforms The first is to accelerate the promotion of electronic individual business and enterprise registration, improve the docking mechanism of the business registration system and large-scale e-commerce platforms, and realize large-scale, batch and immediate business registration and cancellation of accounts on e-commerce platforms. Secondly, we will accelerate the promotion of electronic tax collection, improve the docking mechanism between the golden tax system and the system of large-scale e-commerce platforms, and realize the withholding of tax payment by e-commerce platforms for e-commerce operators stationed on massive platforms. Third, relying on the electronic business registration and tax collection system, improve the statistical system of e-commerce operation, improve the statistical index system and data collection mode, strengthen the data cross-comparison, correlation mining and trend prediction, and improve the in-depth analysis and prediction ability in the fields of economic operation, social development, people's livelihood services, social management and so on.
(3) Encourage enterprises to carry out business innovation and competition under the conditions of compliance
The current E-Commerce Law is both a regulatory law and a promotional law, and it is crucial to encourage enterprises to promote business innovation under the conditions of compliance and legality, for which the following work needs to be done: firstly, e-commerce operators are urged to carry out business model innovation in the collection and use of their users' personal information The first is to urge e-commerce operators to strictly comply with relevant laws and administrative regulations on the protection of personal information, including e-commerce, and to refrain from using personal information to engage in behaviors that are contrary to business ethics or even laws and regulations, such as big data killing, non-reasonable recommendations, and over-mining of personal information. Second, large e-commerce enterprises are encouraged to strictly comply with the Anti-Monopoly Law, conduct fair and orderly market competition, not to abuse their dominant market position to exclude or restrict competition, and to support the innovative development of the industry. Third, it encourages e-commerce platform enterprises to promote business innovation while simultaneously improving the platform operation rules and platform governance mechanisms to build a benign and sustainable healthy development platform ecosystem.
(4) Promote regulatory governance means and mode of innovation of regulatory agencies
The implementation of the E-commerce Law not only brings new challenges to the innovation of business models of enterprises, but also brings new challenges to the government's governance, in order to improve the market regulatory authorities on e-commerce market supervision and governance capacity, and better implementation of the E-commerce Law law enforcement, the need to do a good job in the following areas. Adapt to the needs of network market supervision, accelerate the rationalization of network market supervision system and mechanism, clarify the division of functions and cooperation mode of departments, and clarify the mode of cross-departmental, cross-region and cross-level synergistic linkage governance. Second, accelerating the construction of a national unified e-commerce supervision and governance platform, strengthening system docking with important e-commerce platforms, promoting digital, networked and platform-based supervision, and improving the ability to supervise in the midst of events and after the event, as well as the ability to supervise in a coordinated and linked manner across departments, regions and levels. Third, strengthen the application of Internet of Things, big data, artificial intelligence, blockchain and other technologies in the supervision and governance platform, promote automatic data collection, data correlation ratio, intelligent supervision, and improve the ability of automatic perception, in-depth governance, intelligent supervision and information traceability.
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