Research On Legal Problems Of Network Trade Market For Industrial And Comercial Administration

since1994, the Internet entering China develops rapidly to the various fields.Network transaetions is the form of expression that the Internet extends to consumption field.Especially in the last few years, With the growth of China online commodity trading market, The network economy is accelerated to change traditional management and consumption habits.at the end of December2011, China online shopping user has reached1.94billion people.Network commodity trade accounted for3%of the total retail sales of social consumer goods.With Vigorous development of China network commodity trade, China network commodity trade in illegal phenomenon is increasing highly, due to the particularity of network commodity trade and China related laws and regulations lagging.for example, the increasing unfair competition in network, how to protect the legitimate rights and interests of consumers, and abound network violations, and so on.lt becomes serious problem how administrative organs strengthen the network supervision of the commodities trading.It is a very important step that The State Administration for Industry and Commerce officially announced <Network commodity trade and related services management Interim Measures>.But in practice, Because Law enforcement capacity is not high and The basis of law enforcement is not perfect, commodity trading network supervision of industrial and commercial administration lags behind.Based on the author engaged in the industry and commerce administration work experience, This Paper analysed the present situation of the legal system on China network commodity trade.Drawing lessons from American and Japanese network commodity trades related laws and regulations and supervision experience, The author pointed out some questions in Commodity trading network supervision of administration for Industry and Commerce.As follows, Laws and regulations are not perfect in Commodity trading network supervision of administration for Industry and Commerce; Jurisdiction conflict; the illegal facts is difficult to obtain evidence; Subject qualification of network commodity trade is difficult to confirm. In view of the above problems, the author suggests as follows, The government should enact a High level law or administrative regulations of network commodity trade, Accelerate the modification to the current laws and regulations about administration for Industry and Commerce in order to solve the problem of network commodity trade; divide business operator into two categories in order to facilitate management; study modern information technology and train cultivating talents in order to improve means of evidence; improve the evidence system in order to Strengthen preservation of evidence; simplified registration procedure and relax the conditions for registration in order to confirm business operator.