Research On The Registration System Of Market Subjects Of Electronic Commerce Operators

Faced with the new trading model derived from the era of e-commerce,the "E-commerce Law" came into being.Among them,the main provisions of e-commerce operators,involving the rights and obligations of all parties,which are key but most controversial.The "E-commerce Law" classifies e-commerce operators in Article 9 and,in Article 10,we could learn that the e-commerce operators shall handle the registration of market entities in accordance with the law,and at the same time,they are exempt from registration for special small-scale operators.Through the interpretation of the "Electronic Commerce Law" and related regulations,it is affirmed that their provisions on the registration system of market entities and the institutional arrangements for the exemption registration of " small transactions" are all market adaptation and innovation.At the same time,we have to analyzes its remaining shortcomings – the current law only provides a framework for the e-commerce operator's market subject registration system.What is the physical content of the market entity registration system described in Article 10 above? Is the e-commerce operator market subject registration procedure different from the traditional commercial registration procedure? What is the exemption standard that the so-called exemption subject follows? In addition,it should be used to replace the registration procedure to meet the information disclosure requirements of market transactions.The above questions cannot be resolved through a clear text.In summary,the current dilemma of China's e-commerce operator market subject registration system lies in two aspects: Firstly,its substantive rules have yet to be clarified,and it is easy to cause the content of rights and obligations to be unclear,and the scope of exemption is uncertain,which leads to the imbalance of fair value;Secondly,because the e-commerce operators are different from the general business operators,it is not appropriate to apply traditional registration;nowadays,when the traditional registration transitions to the network registration,the specific registration procedures applicable to e-commerce operators should be improved.Otherwise,there will be problems such as chaotic trading order.This paper aims to clarify and perfect these two levels with the rules of entity and procedure to propose an effective path for the solution.In terms of substantive rules,the basic content of the e-commerce operator registration system refers to the administrative non-equilibrium relationship between the operators and the market regulatory authorities,and the only way to form a vertical non-equal relationship is to ensure the authenticity of the registration information.Effectiveness to protect market trading order.In addition,in order to clarify the margins of mandatory registration and respond to the actual needs of the business freedom of business entities,it is particularly important for China to stipulate exemption registration.However,in the main exemption provisions of e-commerce operators,there is no clear exemption standard.You can learn from the Korean regulations to specify the transaction amount to identify whether the operator needs to register.China can set the specific operating amount as the standard,measuring the scale of e-commerce operators and determining whether they need to register;and,if they establish a supporting legal system to protect the goodwill and litigation rights of the exempted registration subject,the exempted entity does not enjoy the registration system dividend(protector's subject goodwill and various rights),it is also possible to operate normally.In terms of procedural rules,firstly,the procedures applicable to the registration and publicity of e-commerce operators are supplemented and improved,which promotes the connection between traditional registration and network registration.First,it meets the institutional goals of reducing costs and improving efficiency,and secondly,it adapts to the development of the e-commerce era.This forms the content unique to the market registration process for e-commerce operators.Secondly,for the registered e-commerce operators,the registration information between the third-party platform and the market supervision department can be used to convert the registration information of the operator on the third-party platform into the registration information of the e-commerce market subject.Of course,if there are any deficiencies,market regulators can still ask operators to supplement them.Once again,it is clear that the “lighting” procedure for e-commerce operators who are concurrently engaged in online and offline operations is the information that the operator publishes the business license in the prominent position on the main page of the business activity or the electronic link logo of the business license.Finally,for the procedures applicable to the subject of exemption registration,one is to establish an exemption qualification review mechanism through a third-party platform and its internal evaluation system to confirm whether the operator has the exemption qualification prescribed by law;the second is to construct a market supervision department and a third party.The credit information sharing platform between the supervision department and third party should try to eliminate the credit crisis of the market subject hidden by the exemption registration system;the third is to verify the identity of the operator through multi-party intermediaries,and procedurally protect the accuracy of the information of the operator of the exemption registration and the orderly business activities.