Several Legal Issues In The Cross-border Act As Purchasing Agency Network Research

With the rapid development of electronic commerce, the online cross-border shopping has been becoming a new shopping style chased by the young. However, recently, the events of cross-border milk powder occurred frequently has also exposed some problems with its prosperity. For example, since the online cross-board shopping products have not imported into China by the regular channel, the consumers cannot be equally protected by the law when product recalls happened; another example is some cross-board shopping product may refer to evade custom duty, escape national supervision and other illegal activities, which not only cause the loss of state tax, also bring many safety potential in the shopping. Based on the above-mentioned reasons, in the recent two years, the SAIC issued the No.134(2011) documents regarding to regulate the behavior of milk power online cross-board shopping and the General Administration of Customs has also issued the No.43,54(2010) and No.15(2012) documents regarding the tax on baggage and articles accompanying incoming passengers and personal postal articles, and intent to enhance the supervision of the online cross-board shopping behavior. Although the quick development of the online cross-border shopping is restricted by the implement of the several documents, it is in order to provide the system guarantee of the cross-border shopping to ensure the maintain sustained and sound development of it.As above-mentioned, in order to regulate the online cross-board shopping, the new commercial model in China, the relevant administrative agencies have made great efforts to take a series of measures, however, until now our country has still not form the complete legal system construction of the commercial model hereof, many problems can only be addressed referring to the regulations of E-commerce or online shopping. Considering the uniqueness of online cross-board shopping, the establishment of a perfect legal regime become extremely important, and this is also the key problem in this thesis.This thesis consists of four parts, the first section is a summary of online cross-board shopping, introduce its concept, nature, origin and recent development, and also contrast it with the similar concepts such as E-commerce and online shopping, therefore the aforesaid analysis establish the theory basis of the thesis; in the second section, the author summarize three issues existing in online cross-border shopping recently, such as custom duty, customer right and the indentor’s credit risk, and also analyze the main manifestation, the types and causes of it in the present; in the third section, the author introduce the domestic law and regulations referring to supervise the online cross-board shopping; in the forth section, the author holds that the above system may be perfected through legislating activities and then figures out a series of exact institution for improving the above system.