E-commerce law will be implemented: Loss of price advantage | Where to go overseas

Shanghai Pudong International Airport T2 terminal, everyone queued to wait for the machine to check. One of the flights found nearly 100 purchasing personnel, these people were forced to line up late to pay taxes. Recently, 'Customs strict inspection purchasing' has become The tragic memories of the purchase of less human flesh.

The "Electronic Commerce Law of the People's Republic of China" (hereinafter referred to as "Electronic Commerce Law") will be officially implemented on January 1, 2019. Faced with increasingly strict supervision, where will overseas purchasing go? It will bring What impact?

Overseas purchasing loses price advantage

'Overseas purchasing is actually a kind of buying behavior. In a strict sense, it is not in the category of 'cross-border e-commerce' as stipulated in the E-Commerce Law. 'Alamos, deputy director of the Policy and Law Committee of the China E-Commerce Association, told the Science and Technology Daily reporter. There are four provisions in the E-commerce Law that directly relate to 'cross-border e-commerce', but no relevant regulations explicitly mention 'purchasing'.

Special commentator of China E-Commerce Research Center, Dong Yizhi, a lawyer of Shanghai Yida Law Firm, believes that the E-Commerce Law stipulates that overseas purchasing meets the requirements of 'selling through the Internet and other information networks' to provide sales and provide services 'operation'. To say that going abroad to help a friend bring something is considered to belong to this category, but whether its behavior will be recognized as 'business activity'. In this determination, it may be necessary to refer to the amount of profit, the number of activities, the length of time, etc.

However, this does not mean that overseas purchasing will not be affected by the E-Commerce Law. According to Almatis, the E-Commerce Law puts higher demands on the obligations of sellers and platforms. 'This means that the platform will be more censorship on purchasing. Strictly, no longer allow for the lack of qualified purchasing stores, especially to combat irregular purchasing behavior. Of course, this is not just for purchasing, all e-commerce activities are facing more stringent supervision.

E-commerce analyst Li Chengdong said that the introduction of the "Electric Business Law" will definitely have an impact on purchasing. 'The price advantage of purchasing will decline, and the profit margin will be squeezed. If the law is implemented, a considerable part of the purchase will be difficult or unsatisfactory. Fall down by the regulations'.

According to the "2018 (China) Cross-border E-Commerce Market Data Monitoring Report", as of the end of June 2018, China's frequent cross-border online shopping reached 75 million users, and the number of users is expected to reach 88 million by the end of 2018.

Some people say that the "Electric Commerce Law" will cause the purchasing group to struggle and disappear, Li Chengdong does not agree. In his view, even if there is non-compliance in the purchasing group, it will not disappear due to the introduction of the "Electronic Commerce Law".

Overseas purchasing uncontrollable risk

'Personal overseas purchasing through friends, the formation of a contractual relationship between the two, rather than the consumer contract relationship, is not protected by China's Consumer Protection Law. 'Zhejiang Tengzhi Law Firm Lawyer Ma Ce Said. This means that there is an uncontrollable risk in overseas purchasing. Li Chengdong told the Science and Technology Daily reporter that many overseas purchases are not sold to consumers, and there are a large number of counterfeit and shoddy goods.

Ma Ce cautions that when buying goods or services through the 'acquaintance business' of a circle of friends, the buyer's perception of the quality of the goods or services depends mainly on the friend's 'trust endorsement' rather than the goods or services themselves.

It is obvious that the E-Commerce Law strengthens the supervision of the platform. It requires cross-border e-commerce practitioners to register and pay taxes according to law. This means that purchasing will be more open on large cross-border e-commerce platforms. Restrictions, for consumers, the price of 'Hao Tao' may rise, but its normal rights will be protected.

Ma Ce said that in practice, overseas purchasing business models are diverse, mainly can be divided into bonded imports, cross-border direct mail, and pure personal sea scouring and other categories. Under the cross-border e-commerce legal relationship, domestic consumption Directly form a commodity trading relationship with overseas sellers, and various cross-border platforms mainly provide technical information services.

Purchasing should not be in an extrajudicial place

Article 71 of the E-commerce Law clearly states that the state supports small and micro enterprises to engage in cross-border e-commerce. Almatus said that on the one hand, the demand for purchasing Haitao is still very large; on the other hand, Purchasing behavior is subject to legal protection.

In the long run, regulation is conducive to the development of large-scale cross-border e-commerce platforms. 'In this context, human flesh purchasing can focus on Weibo, WeChat and other social media platforms to continue trading activities. In addition, we must actively explore the market, most It is good to sell goods that are not sold on large cross-border e-commerce platforms. 'Li Chengdong suggested.

Dong Yizhi said that from the introduction of the e-commerce law to the present, micro-business, purchasing has always been the focus of public opinion. It can also be seen that this line has actually penetrated into everyone's life. From the perspective of taxation, everyone's work and consumption need Taxation, micro-business, purchasing is no exception. 'In any case, micro-business, purchasing should not be in an extrajudicial place.'

Cao Lei, director of the China E-Commerce Research Center, said that from the perspective of long-term development, the introduction of the law will make the overseas purchasing in the legal blind spot at this stage have rules to follow, and the illegal cost of purchasing will increase. For consumers, the advantages outweigh the disadvantages. When purchasing goods, not only the quality can be guaranteed, but also the rights and interests in the after-sales rights protection will be protected. 'I believe that the overseas purchasing market will not only decline, but will develop more benign and orderly.' Cao Lei said.