Legalization Of E-commerce Cooperation Governance

The case “Taobao War Industry and Commerce Bureau” shows that China's e-commerce needs cooperative governance under the framework of the rule of law.The key issue in this case is“who should be responsible for fake goods”.Taobao counterfeits infringe the interests of consumers and brand merchants.However,there are three major problems in China's government management of electronic commerce.The uniqueness of electronic commerce,cross-temporal space and decentralization,as well as the low transaction costs of electronic commerce and the autonomy of electronic commerce,have led to efficiency problems in government management;the separation of online/offline social space and the disputes in e-commerce.The huge number and brand-new form led to the existing legal regulations that could not solve the fake disputes of e-commerce.In addition,e-commerce activities had high-end technical links and obvious digital features,and their relevant management specifications also showed a high level of technicality.The rationality of the government's management problems;the "illegal rise" of e-commerce has broken through the existing legal norms in China.At the same time,"illegal" e-commerce development has brought great economic benefits,and shaped the government to "do nothing".The management philosophy of the three together led to the difficult problem of government management.Due to the three major problems mentioned above,a single government management model cannot achieve effective governance of “ fake goods ” in e-commerce,and the online/offline difference in the interconnected era has resulted in the original government-dominated governance program no longer effectively playing the role of governance.Therefore,there are three alternatives corresponding to the theory: First,to participate in governance,that is still government-led implementation of governance,but the absorption of enterprises,non-governmental organizations and other social forces to participate;Second,social self-government,e-commerce mainly refers to E-commerce enterprise self-government means relying on the self-management of the e-commerce enterprise itself;and thirdly,cooperation governance means that the government,e-commerce companies,and social forces form a multi-center governance network,giving full play to the strengths and advantages of all parties,and on the basis of full cooperation.Equal implementation of governance.Participation governance of e-commerce does not substantially solve the problem of “pseudo-products”.The autonomy of e-commerce companies will undergo internal dissimilation in their process.By analyzing the value and limitations of the three governance options,the actual situation of China ' s e-commerce governance model will be combined.Cooperative governance is the result of the transformation of social governance innovation and the enhancement of governance capabilities,and it is also the best governance model for e-commerce.The case of “ Taobao War Industry and Commerce Bureau ” indicates the development trend of China's e-commerce towards cooperative governance.However,in the process of e-commerce cooperation and governance,we must also rely on the rule of law to solve many problems.China's existing e-commerce cooperation governance faces many problems,including the following aspects: First,uneven distribution of governance power;second,unbalanced responsibility for governance;third,lack of consensus on cooperative governance;and fourth,multiple entities' participation is insufficient.Only by relying on the rule of law,the cooperative governance of e-commerce can ultimately achieve equal governance of multiple entities.In the process of cooperative governance,it is necessary to fully guarantee multiple participation and take this as the goal.In view of the absence of legal blanks and the lack of basic laws in the governance of e-commerce cooperation in China,the basic law of cyberspace should be filled in the general direction.In the process ofconstructing the legal framework for the governance of e-commerce cooperation,the distribution of power and the responsibility for governance can be governed by laws and norms,and only in this way can e-commerce cooperation be governed by the rule of law.