Legislative Evaluation Of The Electronic Commerce Law Of The People's Republic Of China

After a few decades of development,China's e-commerce has achieved great results,and the scale of transactions ranks first in the world.As a trading mode,it quickly affects or even changes the existing trading mode,and it will certainly change the economic operation mode and structure of the entire society.While bringing huge economic and social benefits,the development of electronic commerce has also caused various problems.E-business taxation,micro-business and purchasing,commodity tying,electronic payment,cutting orders,express delivery extensions,and large data killing are all issues that urgently need to be passed.Legislation to regulate.In the end,China's "Electronic Commerce Law" has undergone four trials and promulgated and implemented.From the perspective of legislative evaluation indicators,the lack of systematic research on legislative evaluation indicators in China,in China's socialist legal system has been formed,the continuous improvement of the legal system is more urgent.At present,the key to the perfection of our legal system is to interpret,supplement,amend or even abolish the laws already enacted.As an important means of forcing the improvement of the quality of legislation,legislative evaluation has been developing in our country for decades.It has experienced the process of development from local to Central,and has successively derived many local development models.However,in the course of the development of theory and practice,there is always a lack of scientific and systematic construction of legislative evaluation indicators.Therefore,from the perspective of evaluation indicators,the author comprehensively considers the concept,dimension and content of legislative evaluation indicators,tries to set up an index complex for legislative evaluation,and conducts a legislative evaluation of China's "Electronic Commerce Law" based on this indicator system.Analyze and summarize the gains and losses after the implementation of the Electronic Commerce Law,analyze the problems existing in China's electronic commerce law and put forward suggestions.In addition to the introduction,this article is mainly divided into the following four chapters.The first chapter summarizes the theory of legislative evaluation index.The study on the connotation of legislative evaluation and legislative evaluation indicators mainly defines the concept by comprehensively analyzing the relevant views of different scholars and combining with the needs of evaluation practice.After discussing the threedimensions of the evaluation indicators:(1)The basic norms of legislation.(2)Legislative purpose.(3)Effect of legislative implementation.Provide a basis for the setting of indicators for subsequent evaluation.In combination with domestic and foreign evaluation practice activities,we can find that the legislative evaluation is mostly based on legal,reasonable and effective indicators.According to the connotation,dimension and practice of the evaluation index,the content of each evaluation index is analyzed,and a legislative evaluation index system is established.The second chapter makes a brief introduction and analysis to the Electronic Commerce Law,and gives a brief introduction to the legislative background and legislative process of the Electronic Commerce Law.From the perspective of legislative purpose,platform operator and cross-border e-commerce,this paper makes a comprehensive analysis of the legislative content of e-commerce law.The third chapter is the evaluation of the "Electronic Commerce Law" in China,taking the evaluation indicators as the perspective,combining the text content and practice of the Electronic Commerce Law,according to the division of each one or two indicators to carry out a specific assessment.For example,on the basis of the legitimacy assessment,the legislative basis,statutory authority,legislative procedures,and legislative content of the electronic commerce law are evaluated,and whether the electronic commerce law meets the legality index is analyzed.In turn,the electronic commerce law is evaluated by the application of the first and second level indicators of legality,rationality,effectiveness,and technology.The fourth chapter is the evaluation conclusion of electronic commerce law.The identification of problems and the identification of solutions are important elements of the assessment exercise.Through the legislative evaluation of the electronic commerce law,at last summarizes the gains and losses of the implemented electronic commerce law,and puts forward suggestions for the existing problems.