Novels of Legal Regulation in the Field of Cross-Border E-Commerce in the People’s Republic of China

Abstract

The article is devoted to the peculiarities and the novels of legal regulation of cross-border e-commerce in China. The author considers the economic regulatory framework for cross-border electronic commerce, notes that China has not passed a separate law on electronic commerce yet, despite the existence of the plans to adopt such a law. The author also points out that the legal framework for electronic commerce and electronic commerce in China in general is not comprehensive and exemplary, besides its regulations are often either vague or outdated. Sale of fake, counterfeit, substandard goods and infringement of IP rights are widespread in the implementation of electronic commerce. This problem is also complicated by the lack of an effective mechanism for resolving disputes in China. Analyzing regulatory novels in addressing identified problems, the author focuses on the changes in the corporate and investment law of the Republic of China, and requirements for foreign companies operating in China. The article also focuses on administrative and fiscal legal acts in the legislation of the Republic of China. Thus, the author separately analyzes such latest regulations, enacted in China in 2016, as Special Plan for the Development of Electronic Commerce Logistics (2016-2020), Circular on Tax Policy for Cross-Border E-Commerce Retail Imports, Cross-Border E-Commerce Retail List of Imported Goods.