Heavy | China Internet + Law Report shock release

(Reporter) reported that the annual back to the money of 10 billion 'the largest micro-business' Mogao International suspected pyramid schemes, who for 100,000 agents justice? 'Sea across the sea,' the sea Amoy goods is 'cottage goods', the courier was suspected to help the sea Amoy fake? Who should take responsibility for an accident in the car? June 7, China 'Internet + industry' think tank - China Electronic Commerce Research Center (100EC.CN) released the '2016-2017 China Internet + legal report' (report full text download: www.100ec.cn/zt/ 1617bg /), summed up the 2016 - 2017 Internet + field of legal status, an objective and comprehensive analysis of the legal aspects of the Internet field.

The report is based on a case-by-case statistical analysis of China's e-commerce legal help service platform (www.100ec.cn/zt/flpt/). The scope of the study includes Internet + manufacturing, Internet + retail, Internet + service, Internet + Financial industry and other segments of the field, the typical events of the analysis and interpretation, and focus on the annual legislation.

The most authoritative economic data released in the field of e-commerce will be sent to include: Ministry of Commerce, Ministry of Industry and Information Technology, Ministry of Agriculture, Statistics Bureau, Development Research Center of the State Council, and many other ministries, as well as hundreds of electricity providers / Internet industry Association, has become the country's tens of thousands of electricity business enterprises, thousands of VC / PE, hundreds of institutions of higher learning, 3000 + financial media journalists, 2000 + home appliance business district and many traditional enterprises, listed companies and other important data sources and decision-making Basis, is the electricity industry's most authoritative, influential 'benchmark' and high-level decision-making think tank.

Focus on 'Top Ten Internet + Domain Typical Legal Case'

The report released the 'China's top ten Internet + domain of the typical legal case': two APP 'brush single' company accused of infringement claims, 'e on behalf of driving' drivers with carpool car accident claims, Jingdong, Tencent help cracked '50 The 'US group' to accept 'Li Gui' by the green tea claims, 'hungry what' take-out delivery of the traffic accident compensation case, 'the United States and the United States and the United States, , 'High German' v. 'Drop' unfair competition claims, 'good chef' App network about labor dispute, 'SouFun' network auction unfair competition case, 'the network win each other' by 'network keywords 'Fraud is' 2016 - 2017 annual ten major Internet + domain legal case. '

Brush single to become dangerous industry business integrity of the 'cancer', 2016 CCTV '315 party' exposure electric business brush single, and the new three board electricity business 'love still flowers' actually because of exposure 'brush single' famous. 'Brush single' has become the industry unspoken rules, the formation of an industrial chain, in addition to businesses, all kinds of brush a single software, QQ group, express are involved, behind the exposed business platform is not perfect credit system.

Among them, Ali sued 'silly push network' suspected of serious harm to the market competition order, known as the 'national first business platform to sue a single case.' For this case, Beijing Yingke (Hangzhou) law firm Fang Chaoqiang (expert WeChat interaction) lawyers believe that the 'brush single' behavior repeated for many reasons, mainly in the following areas: the interests of the drive, Hidden advantages brought about by the illegal low cost, electricity business platform punishment is not enough.

For the 'brush single' business colleagues in the industry, the 'brush single' behavior is essentially a kind of unfair competition; for consumers, the 'brush single' behavior against the consumer rights; Words, 'brush single' behavior is both infringement and breach of contract, but also based on this, electricity platform can use the platform rules on the 'brush single' behavior and its business punishment.

(Hangzhou) Law Firm Wu Xuhua (expert WeChat interaction: hzxu2011) lawyers that: fight a lot of platform that the business side of the unilateral businessmen, the businessmen suspected of selling fake, fight a lot of frozen business accounts caused by the storm, There is a sale of fake, brush a single act, so that business submitted to prove that it did not sell fake, brush a single evidence, but also to determine whether the evidence is valid. And regardless of 'who advocates who proves', this and when the athletes and the referee's behavior itself shows fair.

The behavior of online transactions has long been concerned with the maintenance of consumer interests, but for the same 'business' within the scope of the management of the platform, it does not seem to be effectively protected; and for the platform, its behavior regulation But also from the perspective of protecting the interests of consumers to consider, but also the time to further regulate the behavior of the platform. The report shows that life services to become the Internet law 'hardest hit', e on behalf of the drive, the US group, hungry, drop, high German, good cook, soufun are named, labor disputes, trademark infringement, unfair competition Become a prominent problem of life service providers.

To e on behalf of the driver with carpool car accident claims 78 million for a typical case, on behalf of the driver in the car service traffic accident, the platform needs to be responsible In this regard, in the Internet platform model, the platform has a favorable profit, two non-audit-related services content, the two sides of the Internet, the United States and the United States, (Such as the situation), so the court under certain conditions, even if it can not be identified as a job, the court can still be based on the elimination of 'online trading platform providers know or know the seller or service providers to use their platform against the legitimate rights and interests of consumers Take the necessary measures, in accordance with the law and the seller or the service agent to bear joint and several liability, 'the requirements of the platform company to bear joint and several liability.

'Top Ten Internet + Legal Keyword' baked

The report not only explains the typical legal cases of the Internet + field, but also statistics released, including information disclosure, one yuan purchase, sharing bicycles, high refund fees, cross-border electricity sales fake, micro-business fraud, false promotions, mobile phone industry portal, Express disputes, goods not on the board, including '2016 - 2017 ten Internet + legal keywords'.

(100EC.CN) monitoring, from 2014 after the sprout, through the Internet lottery banned Dongfeng, 'one yuan purchase' type of website developed rapidly. At present, NetEase, Baidu, millet, cattle, Thunder, 360, Jingdong, Suning and other electric business or Internet companies have 'one yuan purchase' business, 'one yuan purchase' has almost become an electrical business 'standard', while others such as a cloud Buy, 1 yuan to home, one yuan tour, 1 yuan purchase, every day to buy shopping malls, gold God of Wealth, lightning hand, holding, 1 yuan into the treasure, 1 yuan treasure and other basic PC-side mall and the APP side of the two Display mode.

And 'one yuan purchase' similar to the 'gambling' nature of the many users suffer, and even worse. According to public reports, there are a large number of users in the country, 'one yuan purchase' platform loss of several thousand dollars to millions of dollars, and many 'one yuan purchase' platform from which to earn a lot of money.

In this regard, Ma policy lawyers believe that the dollar project in the final analysis, no matter what kind of presentation, the total can not fall into the 'all chips', 'lottery' and 'gambling' among the three types. China's current population will be included in the Internet financial sector, in addition to equity ownership, the other is not the number of restrictions. As for the lottery, and gambling in general, are based on the composition of luck and get the ultimate benefit, if not approved can constitute illegal business crime.

With the sharing of bicycles, shared cars, shared charging treasure and other modes of emergence, sharing the economy became a hot word in 2016, a variety of sharing patterns have mushroomed. But the sharing of the economy is really as easy as the description of the business, to share the bike, for example, the deposit refund difficult, security problems.

The report is also interpreted for the existence of funds, security and other issues. A very important reason is a large number of active users, for the sharing of bicycle platform to bring hundreds of millions of dollars to share the bicycle, The total amount of the deposit, which is a considerable cash flow. Of course, as long as the legal compliance, enterprises use a reasonable investment in idle funds to preserve and increase value is understandable, but obviously not enough to rise to profit model.

Sharing the bicycle platform deposit is not refundable, it is recommended that consumers to the consumer sector, Consumers Association and industrial and commercial complaints, complaints can not be resolved in accordance with the agreement, contract law and consumer law to the court proceedings.

For the sharing of bicycle safety issues, Dong Yizhi lawyers believe that sharing the bicycle platform products, must meet the product quality and safety standards, the operation process should also do a good job maintenance maintenance, security of the user's personal safety. Such as the existence of cycling defects and security risks, resulting in traffic accidents, the car owners caused personal injury, the platform should bear the corresponding responsibility; if not because of vehicle quality problems but because the rider itself in violation of traffic rules and other personal fault injury , Then it can be claimed by the relevant insurance company.

And known as the 'largest micro-business' Mogao International suspected of pyramid schemes, 100,000 national agents face no return, began siege headquarters, desperate rights activists, once again will be controversial 'micro' to the cusp? Encounter micro-fraud how to defend? Ma policy that micro-business regulation is not a legislative blank. Some micro-business in the absence of industrial and commercial registration of the case, such as personal conduct overseas purchasing behavior, should be applied between the two entrusted contract relationship, in the case of commissioned by the purchase of the contract to apply the law to manage. The key point is that the relationship between them is a blank or there is no condition of the regulation of the state, after the dispute, because there is no specific content of the contract, as well as the quality, security, price provisions, so the interest will be a problem. WeChat as a technology provider, for the existence of some friends in the circle of regulatory violations, should bear the regulatory obligations.

Network security, e - commerce set up the focus of law

2016 - 2017 is the Internet compliance year, the country for the Internet field of legislation is growing, the legislative effectiveness of the level of gradual progress, involving a more comprehensive field, personal information and network security into the general public vision, e-commerce and the Internet also appeared more More new business model, hot events endless. To this end, the report inventory 2016 - 2017 annual Internet domain laws, regulations, network rules.

The laws and regulations covered in the report include the Circular on the Administration of Import Tax on Cross-border E-Commerce, the Interim Measures for the Administration of Internet Advertisements, the Provisions on the Administration of Internet Live Service, the Internet Security Law of the People's Republic of China, Commodities on the 7th no reason to return the Interim Measures ',' People's Republic of China e-commerce law (draft) ',' network products and services security review approach (Trial) ',' network lending information intermediary business activities Interim Measures ',' Internet Financial information disclosure of individual network lending 'standard (T / NIFA 1-2016),' China Internet Finance Association information disclosure self-discipline management norms. '

The legal service platform was established in 2010, is committed to the national electricity business enterprises and users rights and interests protection, by dozens of electric business professional lawyer 'sits' to provide Internet + legal aid. Electricity business enterprises and network consumer users encounter legal disputes, can be carried out online for help (www.100ec.cn/zt/upload_data/flpt/z-2.html).

Internet Research Papers