Online Transaction Legal Regulation Research Report

Author: Gao Fuping, Editor-in-Chief
Publisher:
Publishing Date: 2005-04-01
Features: As human society enters the information network era, the digitization and networking of information bring both opportunities and challenges to the entire society. E-commerce, e-government, virtual communities, and other fields are changing the operational models and behavioral patterns of society. To promote the development of e-commerce and e-government, countries around the world and the international community have formulated numerous policies and new legal regulations. The Chinese government also places great importance on informationization construction, aiming to drive industrialization through informatization and e-government through e-commerce. In 2004, China accelerated the legislative process for e-commerce, with the promulgation of the "Electronic Signature Law of the People's Republic of China" marking a new chapter in the legal framework for e-commerce in China. Since beginning research on e-commerce law, I have consistently adhered to two principles: first, using traditional legal principles and knowledge to address new problems brought by the internet in modern business, rather than innovating laws out of novelty; second, studying and understanding the spirit and principles of e-commerce legislation in countries around the world to creatively solve practical issues in China's e-commerce and propose constructive solutions. Guided by these two fundamental principles, I have completed the writing of two e-commerce textbooks and framework-style works such as the "Legal Guide to E-commerce." Building on this foundation, I conducted thematic research and published the "Research Report on E-commerce Legislation" (Legal Press, 2004 edition), hoping to use this as a basis to form a series on "E-commerce Law," continuously advancing the study of e-commerce and internet law in China.
The non-face-to-face and virtual nature of online transactions makes them vulnerable to fraud. Enhancing consumer trust and regulating online commercial behavior are common challenges faced by countries worldwide. This issue of the report systematically discusses the main problems and preliminary solutions in consumer protection in this transaction environment, appending several influential online consumer protection rules and guidelines. Following this, two young scholars provide brief comments on the report and include an accompanying paper. The last two articles focus on online auction regulations. One was written in English during my time in the United States and primarily serves as an explanation of the "Regulations on Online Transaction Norms" that was entrusted to me to complete. It is now translated into Chinese for publication. The other was written by one of my students, combining their experience in online consultations to address online auction fraud.
The impact of the internet on business, government, and social affairs is profound and far-reaching, and its influence on law is universal and penetrating. In other words, all legal disciplines will be affected to varying degrees by the internet, which may revise, alter traditional rules, and even give rise to new rules. Therefore, the study of e-commerce law also has a diffusive nature, and research now collectively referred to as "e-commerce law" or "internet law" (or similar names) will permeate various disciplines. Perhaps the highest of e-commerce and internet law research is when its findings are absorbed by traditional disciplines, leading to its own obsolescence. I hope this series of books can attract more experts and scholars to jointly build a platform for e-commerce research.