Study On Legal Regulation Of Spot Electronic Transaction

In October 2017,the “Electronic Commerce Law(Draft)” submitted the second review to the Thirtieth Meeting of the Standing Committee of the 12 th National People's Congress,marking the acceleration of the e-commerce legislation process.However,the spot e-commerce including some e-commerce has caused confusion due to the obscure special laws and regulations,lack of operability,and lack of regulatory measures.In order to earn more transaction fees,operators and service providers of spot electronic trading sites blindly increase the number of transactions by investors,and even frequent “valet management” phenomenon,which greatly damages the legitimate interests of investors and causes investment.The phenomenon of complete distrust or even hatred of operators and service providers,the escalation of contradictions between transaction subjects,and the increase in related litigation cases require that higher attention be paid to the legal regulation of the spot electronic trading market.Spot electronic trading is a "commodity trading + technology" trading model that is triggered by technologies such as internet,express delivery,and information in spot transactions.It also presents commodity e-commerce,bulk commodity trading,and general spot trading due to differences in transaction subject and transaction purpose.The specific forms of spot trading,spot and forward spot electronic trading,and their legal relationship can be divided into spot trading legal relationship and spot investment legal relationship due to the existence of investment nature.The "Special Regulations on Commodity Spot Market Trading(Trial)" is the only regulation that specifically regulates the legal relationship of spot transactions.There are issues such as low legislative effectiveness,lack of prohibitive clauses,too privileged regulations on supervision and management,and legal liability.The requirements for the development of spot electronic transactions can no longer be met.Therefore,it is necessary to systematically study the legal regulations for spot electronic transactions.This article,based on accurately defining the connotation and extension of spot electronic transactions and clarifying the problems and causes of spot electronic transactions,draws lessons from the German hybrid regulatory model,emphasizing that legislative supervision should also focus on the role of industry self-regulation.On the one hand,it pays attention to the supporting design of legislation,law enforcement,and the judiciary,and through the formulation of specific laws or regulations,it provides legal regulation of transaction behaviors and improves the effect of law enforcement and justice.On the other hand,the government should strengthen industry self-discipline and give the industry more autonomy within the scope permitted by law.Through the improvement of the legal regulation of the spot electronic trading market,the legality and compliance of the spot electronic trading will be improved so as to promote the steady and rapid development of the spot electronic trading market.