Research On E-Commerce Regulations Under WTO And The Improvement Of China’s Relevant Legislation

In the era of globalization,the development of network technology has already been witnessed.For example,with the advent of the 5G era,countries around the world have suddenly become part of the community of destiny,and e-commerce has the advantages of a rising star among many advanced electronic technologies.Won the attention of the world.E-commerce to the greatest extent reflects the tacit cooperation of network technology and business activities,from the economic and trade development of various countries,down to people’s daily work and life,plays a major strategic guidance and promotion of the process of economic and trade globalization.As an important multilateral organization that regulates global economic and trade exchanges,the WTO naturally bears the heavy responsibility of regulating and leading the development and operation of e-commerce.However,under the WTO framework,the existing WTO rules cannot provide effective guidance for e-commerce that is constantly updated.Many controversial issues such as the definition of e-commerce and the application of rules still need to be resolved.On the agenda,discussions on issues such as the definition and rules of e-commerce have become the foundational issues for the emerging development of e-commerce.The WTO has held several meetings around the development of e-commerce,but the driving role played by the meeting is not obvious.The issues discussed are still at an early stage,such as the clarity of the definition of e-commerce;the choice of e-commerce rules(GATT or GATS);countries’ own e-commerce inclusiveness issues that promote the development of small and medium-sized enterprises;e-commerce taxation and other issues are currently urgently resolved by the WTO.As an important member of the WTO,China also shoulders the huge task of promoting the development of global economy and trade.However,in the face of China’s late start of e-commerce and inadequate legislation,how to improve the legislation and comply with the development trend of the WTO is very important.Through the discussion in this article,I hope to deepen my understanding of the new development trend of e-commerce under the WTO framework,the application of e-commerce rules,and put forward my own suggestions.The most important thing is how to carry out the legislative work of e-commerce in an orderly manner under the new and diversified and complicated development trend of e-commerce in China,so as to better integrate it with the new WTO e-commerce rules.The article is mainly divided into three parts.The first part describes the latest progress of e-commerce issues under the WTO framework.First of all,the important documents adopted at previous ministerial conferences on e-commerce are briefly mentioned,focusing on the WTO members’ negotiations on e-commerce,which mainly includes two stages: the negotiations are about to start-71 members in 2017 The Joint Statement on Electronic Commerce agreed at the Ministerial Conference;negotiations officially started-76 member states signed the Joint Statement on Electronic Commerce at the January 2019 Ministerial Conference in Davos,Switzerland.It is interspersed with new topics mentioned by WTO members at several meetings,such as the issue of inclusiveness in e-commerce.Next,from the proposals submitted by members participating in the negotiations,the United States,the European Union and China were selected for specific comparison,and the main points of the three-party proposals were summarized and summarized.Finally,it introduces the relevant policies and rules on e-commerce.The policy aspects are mainly the Global Declaration on E-Commerce,the E-Commerce Work Plan,and the Information Technology Agreement.The rules are mainly related to GATT,GATS,and TRIPS.The regulations on e-commerce,which elaborated on the rules and regulations on e-commerce under GATS.The second part is the core content of this article.It mainly focuses on the analysis of the differences between WTO members in the negotiation and discussion on the relevant rules of e-commerce.First of all,the necessity of research on divergence issues is discussed;then several issues in which members differ greatly in e-commerce negotiations are selected,and detailed explanations are made by comparing proposals between members,such as the definition and attribution of e-commerce,cross-border issues Data flow issues and taxation issues for e-commerce.Based on the comprehensive analysis,a relatively feasible scheme is proposed.The third part mainly proposes countermeasures and suggestions for the improvement of the legislative level in the development of e-commerce in China under the WTO framework.First of all,a brief overview of the progress of China’s e-commerce legislation,and then a dialectical analysis of the advantages and loopholes of the "E-commerce Law" summarizes the current legislative issues of e-commerce in China.Finally,it proposes feasible suggestions for the improvement of China’s e-commerce related legislation.