A. It is suggested that the “E-commerce Law” should include Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the concept of ecological civilization as parts of the guiding ideology of the law.
B. It is recommended that the “E-commerce Law” introduce an anti-monopoly mechanism. The spirit of the “Anti-Unfair Competition Law” must be implemented in the “E-commerce Law”. It must prevent the great danger of e-commerce monopoly on innovation and development in the system. This is to ensure the development of new technologies, guarantee innovation, fair service, and increase the core of employment and so on. Compared with the monopoly of traditional fields, e-commerce is more likely to form a de facto new monopoly in a shorter historical period due to its high-tech characteristics. The introduction of the anti-monopoly mechanism in the “E-commerce Law” is an inevitable requirement for improving the efficiency of economic operations, maintaining fair competition and consumer interests in the market, implementing innovation-driven high-quality development, and continuously enhancing the innovation of economic and social development.
C. It is recommended to write into the general outline: All units and individuals should save resources, protect the environment, build an ecological civilization, and adhere to green development. Article 6 of the “Environmental Protection Law” clearly stipulated that all units and individuals have the obligation to protect the environment. In march 2018, “Ecological Civilization” was incorporated into the Constitution. The Report of the 19th National Congress of the CPC also clearly pointed out that we should speed up the establishment of a legal system and policy orientation for green production and consumption and establish and improve an economic system for the development of a green and low-carbon cycle. At present, I have noticed that there are very few contents in the draft of the “E-commerce Law” on environmental protection and natural ecology. The “E-commerce Law” should reflect the spirit of ecological civilization and environmental protection and be consistent with the Constitution.
D. The recommendations are to be reflected in the rules: the platform and the provider of e-commerce, as well as the actual service and product providers, also have direct responsibilities. E-commerce platforms, including search sequencing and technical guidance, must reflect the requirements of relevant laws and regulations, and corporate social responsibility.
E. It is recommended that consumers’ green choices be reflected in the responsibilities of the e-commerce platform. The booming of e-commerce has had an increasingly profound impact on society. Take the sale as an example: According to the latest data from 2018, the daily order volume of China’s major takeaway platforms has reached 32 million single orders. If consumers are not allowed to choose “I don’t want disposable tableware” and use disposable tableware, napkins, and plastic bags as the default configuration, then the “inaction” of the e-commerce platform will bring environmental pollution caused by objective consequences. And the unnecessary waste of forest resources is enormous in quantity and scale.
F. It is recommended to emphasize the environmental corporate social responsibility of the e-commerce platform. We have encountered many challenging cases in our work, such as: e-commerce platform introduces the world’s critically endangered species bluefin tuna sales, online video streaming platforms broadcast to teach people how to cook endangered species pangolin, e-commerce platform to sell mesh fine bird nets, illegal electro fishing equipment, and so on. What is the environmental corporate social responsibility of the e-commerce platform? I believe that the revised law should include the spirit of the existing law and the content that has not yet been covered. Because of the rapid emergence and rapid development of e-commerce, the revised law must be predictive and able to guide the future.
G. It is recommended to introduce reverse onus to protect the legitimate rights and interests of consumers.
(Photo source: Internet)