On the Risks of Electronic Commerce

I. Current Situation of E-commerce Construction in China According to the Statistical Report on Internet Development in China published by CNNIC (China Internet Information Center), when asked about "the biggest problem that users think exists in online transactions at present", "security cannot be guaranteed" and "manufacturer's credit, product quality and after-sales service cannot be guaranteed" are still in the forefront, with a selection rate of about 70%. The core of e-commerce is online trading. Because we haven't been in contact with e-commerce for a long time, there are no sound legal provisions on e-commerce in China at present. Coupled with the greedy side of human nature, many lawless elements and speculators use this situation to conduct e-commerce fraud activities, which makes e-commerce face the test of integrity. Therefore, it is urgent to solve the problem of integrity in e-commerce. Second, the lack of integrity is manifested in e-commerce 1, and business secrets and customer privacy are not protected. The network is open, and the personal information of merchants and consumers cannot be disclosed without consent, otherwise it will constitute an infringement of privacy. At present, many commercial websites do not pay attention to the protection of customer information, and sometimes even sell customer information, such as name, business address, mailing address, contact information, personal name, mailing address, contact information and company operation information, company employee information, personal home address, home phone number, personal work information, resume, etc. as commodities. As a result, business secrets and privacy may be violated, and it is difficult to obtain effective legal remedies. 2. Internet Fraud Some websites use false company names and addresses to induce and deceive consumers. The website itself has neither a business license issued by the communication management department nor a registration with the industrial and commercial administration department. Instead, it provides false commodity information on its website to induce consumers at low prices, and consumers will not know where they are after remitting money to the designated bank account. 3. Failing to fulfill the service promise, saying one thing and doing another. Some websites promise to deliver goods to customers within a certain time after shopping, but they often cannot be delivered in time within the promised time, which affects consumers' confidence; Other websites don't take the responsibility of "three guarantees" for the goods sold online, don't provide after-sales service, and even put all the responsibility on consumers, and so on. Third, the reasons for the lack of integrity in e-commerce 1, legislation lags behind, leading to the slow development of e-commerce. Although the state has promulgated the Regulations on the Protection of Computer Software, the Regulations on the Safety Protection of Computer Information Systems, and the Interim Provisions on the Administration of International Networking of Computer Information Networks and other relevant laws and regulations. However, People's Republic of China (PRC) Electronic Signature Law came into effect on April 1 2005. Its implementation will have a far-reaching impact on the development of e-commerce in China. It can be said to be "the first real information law in China". However, the development of e-commerce needs more and more perfect legal norms, and the current legal norms are obviously not enough to completely solve one of the bottlenecks of e-commerce development-honesty. 2. China's weak credit base leads to low social trust in e-commerce transactions. Due to the long-term influence of "mercantilism" in China, some traditional social integrity ethics are lacking. In the real society, the honesty problems such as counterfeit and shoddy goods, false advertisements, low contract performance rate, lack of integrity of managers, credit card fraud, and poor debt recovery are almost seen in newspapers every day. As a non-face-to-face transaction mode, e-commerce is more difficult to be recognized by consumers, and the concept of "no business is not dishonest" is deeply rooted in the hearts of the people. Prevention is more than trust between enterprises and between enterprises and consumers, and people are psychological obstacles to the development of e-commerce. 3. The social credit system has not been fully established, which makes it difficult for e-commerce to operate. China's credit system is seriously lagging behind. A perfect credit management system has not been established, and there is no effective supervision and punishment mechanism for dishonesty and violations. Although the market-oriented operation mode has begun to emerge, there are irregularities in the operation, no effective administrative mechanism has been formed, and industry self-discipline has not yet been formed. On the one hand, China's previous credit system construction was industrial in nature, and banks, taxation, law, insurance and other departments all had their own information databases, so they could not enjoy information without networking. On the other hand, in e-commerce trade, even if the information bases of various industries are interconnected, because some commercial credit information in the industry is confidential, both parties can't get favorable information from it. The lack of credit system construction has seriously affected the normal development of e-commerce. 4. The virtual and technical characteristics of online shopping will inevitably lead to the unequal status of buyers and sellers. Because the two sides of online transactions communicate through web pages, it is difficult to have face-to-face communication, and the two sides have different understanding of goods, so they can only trade according to experience. According to the Statistical Report on Internet Development in China by CNNIC (China Internet Information Center), it can be seen from the types of goods that users actually buy and expect to buy that relatively low-priced goods such as books, audio and video, software, flowers and gifts, communication products, etc. It is the main hot spot of online consumption. In the case of asymmetric information, consumers only choose some commodities with unimportant commodity information, but are relatively indifferent to buying large household appliances, electronic products and clothing products accompanying leisure activities. [4. Countermeasure analysis 1. Strengthen the integrity construction and education, and improve the integrity quality of the whole people. Carry forward the socialist concept of "eight honors and eight disgraces", be proud of honesty and trustworthiness, and be ashamed of forgetting righteousness at the expense of profit. Use the media and education to praise honest management, honest consumption and honest life, expose the ugly phenomena of not stressing honesty, harming others' interests, harming others' interests and forgetting righteousness, advocate the concept of honesty, improve social morality and the integrity level of the whole people, form an honest and trustworthy social environment, and promote the development of e-commerce. 2. Perfecting relevant laws and regulations and system building credit is a multi-perspective and multi-category concept. Since it is a legal concept, it should be constantly improved in theory and legislation, so it is absolutely necessary to strengthen the construction of credit legal system. As the last guarantee of good faith, laws and regulations should be established and revised on the premise of constantly improving the existing legal system, such as credit information law, social credit information law and enterprise credit management regulations. , strengthen law enforcement. At the same time, according to the environment and transaction characteristics of e-commerce, the laws and systems of electronic transaction, electronic payment system and credit card system are established. 3. Let the whole people participate in supervision. It is not enough for a specific department to supervise e-commerce activities. Not only tens of thousands of transactions occur every day, but also objective factors such as law enforcement level, evidence collection and local interests. Therefore, I think that tens of millions of people in Qian Qian should participate in supervision to make up for the shortage of government departments. For those who are dishonest, on the one hand, they are required to bear punitive civil liability, for example, in addition to compensation for losses in accordance with the current law, they should also compensate for other losses such as attorney fees to avoid the phenomenon that the plaintiff wins the case and loses money; On the other hand, reduce its credit value to remind customers of the risks of trading. 4. Strengthen industry self-discipline. The e-commerce industry should oppose all unfair means to compete in the industry, consciously safeguard the legitimate rights and interests of users, keep the information of users confidential, do not use the information provided by users to engage in any activities unrelated to the commitments made to users, and do not use technology or other advantages to infringe on the legitimate rights and interests of consumers or users. All parts of China should gradually formulate codes of conduct for e-commerce industry. 5. Introduce insurance and other systems. Insurance is introduced into e-commerce transactions, and each transaction can choose to pay the insurance premium voluntarily as litigation risk insurance. Once the applicant fails to execute the ruling or escape in the future, the insurance company will pay in advance. 6. Establish and improve the credit information system and strengthen the risk early warning in the transaction stage. The credit information department provides inquiry methods for personal credit records, and bad records are included in the credit information system. E-commerce platform enterprises can also improve the existing credit information collection and publicity methods in the platform to help both parties to the transaction obtain each other's credit information at the transaction stage and avoid risks. 7. Unify identity authentication and online payment nationwide as soon as possible, and issue specifications. Identity authentication and payment involve national interconnection and RMB circulation, and must be regulated by national legislation, not by local legislation. In fact, because banks have implemented the real-name registration system, if the payment problem is solved well, it will indirectly solve the real-name registration system of e-commerce. Therefore, we need to strengthen the research on the coordination between different departments under the existing legal framework and avoid the departmentalism of departmental legislation, which will be more conducive to the development of e-commerce. 8. Enhance the government's guidance and management capabilities. Governments at all levels should play a guiding and supporting role in e-commerce. The government's credit supervision of enterprise e-commerce, the establishment of China enterprise e-commerce rating system, the strengthening of enterprise internal credit management, the strengthening of enterprise e-commerce transaction credit risk prevention, and the establishment of enterprise e-commerce risk assessment system are also an organic part of strengthening the construction of e-commerce credit system, which should encourage local e-commerce industries to explore boldly and constantly improve. Governments at all levels should also vigorously improve the corresponding policy environment, mechanism environment and industrial supporting environment. Experts generally believe that system is more important than technology, and it is still the top priority to further create a system and environment conducive to the development of network economy.

Seek adoption