Implementation of e-commerce contracts for network

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Implementation of e-commerce contracts for network regulation of the legal

20 end of the century, first in science and technology leader in electronic commerce, economic development, the Internet start in rapidly developing countries. Are familiar to most Chinese people's Joining WTO, e-commerce in China will enter the fast lane with international standards. Industrial and commercial department as a contract administration, faced with how to regulate e-commerce contract, an important issue. The main function of e-commerce online advertising, online transactions and negotiations, and order products online currency payments, electronic account management, online delivery of goods and information, solicit the views of users and other management services. E-commerce e-commerce contract supervision should be the main function as the starting point to explore the following areas effective way to monitor e-commerce contracts. A, e-commerce regulation before signing the contract (also known as the network environment monitoring) before signing the contract stage of e-commerce is mainly an online trading information retrieval, transactions both need to pay problems, delivery problems, credit certification issues full consideration and preparation. The core Like a group of e-commerce contract lark, the case of space to run the blue sky, mountains, blossom, concluded that the birds contention to say the least. But if it is under fire, evil tree poisonous weeds, foul, is bound to Speaking from the legal environment, which requires the Government to amend the introduction of and other issues. One of the functions of the business as a government administration, regulation and supervision should be in the Practice and investigation of the cases the network site random inspections of e-business Including on-line business enterprise itself, the situation of goods sold online made false propaganda and false information provided to the media (network). - Operating without a license. Including industrial and commercial registration and without the online sale of goods, services and for operating without a license to provide the network platform. - Using Network Marketing, in disguised forms. - Contract fraud. - Peddling through the Internet. - Violations of consumer rights. Online marketing fake and shoddy goods, infringement of registered trademarks of others. - Beyond the scope of business. National implementation of the special trade license to operate, engage in business without permission. A result, e-commerce network environment supervision contract and should pay attention to the following links: First, strengthen the supervision of the qualification of e-commerce, strictly control market access. These include: (1) operating the site access; (2) access to the network operating company; (3) Web site operators access; (4) web-site operators access to specific goods and services. Online trading, online advertising, electronic contract confirmation, the online auction site, without exception, involved in the domain of economic subjects recognized the legality of access and identity. Particularity of the domain name e-commerce and network of economic entities approved by the importance and seriousness of certification. Regulation of economic entities in the name of the access is the function of the administrative department for industry and commerce, the establishment of the State Administration for Industry-centric e-commerce sites the Chinese name of the main credit approval and certification system of economic regulation has become the most effective way to e-commerce contracts. The establishment of the State Administration for Industry-centric e-commerce certificate of inspection, change, cancellation, etc., can effectively monitor and regulate the Internet The second is the trademark of monitoring e-commerce, advertising, protect intellectual property rights, contract cleaning operation of e-commerce environment. Online trademark, online advertising effective regulation is to ensure that In the Supervisory personnel to train the network as soon as possible to improve the conditions of online monitoring techniques to adapt to network technology development. Third, monitoring e-commerce transactions, online information consultation and online reporting and complaint. This requires that all industrial and commercial administration departments establish a Use of electronic and traditional paper-based business license business license Since e-commerce on the Internet to exchange information, trade, and its difficult to manage the process of offer and acceptance. Maintenance of order in online transactions, from the current management measures, the regulations should be actively online business announcements and publicity, through the punishment of illegal trade practices and consumer protection to start, create a good e-business application space contract. Second, the process of monitoring e-commerce contract signed the process of signing a contract that e-commerce transactions and contract negotiations process: mainly refers to all buyers and sellers to negotiate details of the transaction on the Internet, trade The two sides after careful consultation by electronic means, will the two sides in the transaction the rights and obligations, the type of goods purchased, quantity, price, place of delivery,[link widoczny dla zalogowanych], delivery, payment methods and means of transport, such as breach of contract and contract claims All the way to electronic transactions to comprehensive and detailed contract provisions, use of EDI for contracting parties to the contract, or by means of digital signature signed e-commerce contracts. However, due to legal norms of e-commerce is lagging behind, the e-commerce market access, authentication system, payment and settlement, trading style and rules of conduct electronic transactions must be related to the electronic contracts, electronic legal effect of such tax does not make specific provisions that China's current e-commerce is still in spontaneous and disorderly state of development. Fortunately, the State Council promulgated the Through legal and administrative adjustments, and promote the healthy development of e-commerce, e-commerce development of China's basic direction. Contract management as a business administration major functional departments to find effective means of e-commerce contract supervision, should establish a (A) the establishment of the credit contract certification network platform. Contract authorities (business sector) to build a computer site, the enterprise contract management process in the production of the relevant credit information to the public. At any time for the public and businesses do not involve state secrets, commercial secrets and other related business registration file of credit information (such as business, illegal punishment, qualifications, credit and other information.) The site mainly publicity includes two aspects: First, their own performance of the contract, credit compliance and so on. Second, the community, relevant government departments on the evaluation of enterprise contract credit. The former specifically reflect: (1) Enterprise contract management is to achieve the organization, people, system of whether by law to perform; (5) business in the performance of a contract breach occurs. The latter specifically reflect: all levels of government departments, various social groups issued to confirm the advanced enterprises, contracts and keeping promises units affirmations; companies punished for various violations such as the withdrawal of funds by the authorities, tax evasion and other negative aspects of money . The site with the State Administration for Industry Certification Center and the electronic functions of the business license department, the judiciary, financial institutions and intermediary organizations concerned three-dimensional network to form a unified national credit certification, credit monitoring, information system, the contract for the operation of a solid e-commerce basis and provide the necessary technical support. (B) the establishment of e-commerce contract Hongdun forensic network. To carry out forensic work on the contract is the law of one of the functions of the business sector. Online e-commerce contract contracts Identification of the functions of authentication is a valid extension. Present a security risk online transactions, online authentication for e-commerce contract, the transaction of credit deposited money or goods, e-commerce activities to address the risk issues in a scientific and effective way. How forensic e-commerce contract? The best way is to set up two parties have signed the contract for online authentication of e-commerce. First of all the main parties to the transaction is carried out to determine eligibility. As long as is the registration of enterprises, industrial and commercial systems that we can achieve on its internal network credit conditions survey. If the other network is not perfect, by way of telephone consultation and other traditional aid to complete. Second is the content of the contract in accordance with relevant laws to be reviewed. Again, monitor the fulfillment of the contract the two sides. Present, complete and powerful business system resources and continue to improve enterprise information systems network layout has been basically established with the The specific measures are: the city with districts created in the e-commerce contract Hongdun forensic network, the company entered the area and create a web page, via the Internet with the National Business Network networking. Enterprise network by clicking the login authentication and the After the success of negotiations, the need for e-commerce contract signed authentication, you can return to business registration verification platform for e-commerce site for online authentication. Red Shield E-Commerce Contract Identification Network commissioned the two sides can accept e-payment contracts, escrow, or credit the goods in contract oversight. C, e-commerce after signing the contract to perform its regulatory after signing the contract the core of e-commerce is the link. This is the e-commerce is still less mature parts. Logistics and cash flow characteristics of the separation, resulting in e-commerce risks. If consumers buy online, use of goods and services are generally not accepted as well as with the operators of goods or services directly to meet their legal rights and thus vulnerable to abuse. Contracts in e-commerce industry and commerce administration is necessary to assume the supervision of the legitimate rights and interests of consumer protection for online arbitration, responsibilities and obligations, increase distribution channels for the main specification and logistics management, increase network inspection efforts, and actively carry out investigation of the cases the network against Internet fraud and contract fraud, so as to promote the improvement and development of e-commerce. Contract regulation is the e-commerce industry and commerce administration in the network economy is facing one of the many new topics. Network economic regulation is a highly technical work, in particular, authentication center, password management, use, name approval, e-business licensing, certification, and all registration, certification process all depends on the network technology, computer technology, software technology . Therefore, the business sector should speed up the information technology, computer application to establish and improve the network, combining popularization with the raising, creating a large number of high-quality professional network monitoring to meet the accession to WTO, e-commerce market, the urgent need for supervision.