The Features and Key points of E-commerce Law in China Mainland

Abstract

As the first basic and comprehensive legislation in the field of e-commerce, E-commerce Law of the People's Republic of China has received wide attention both theoretically and practically. Paying equal attention to the development and protection of e-commerce, smoothing connection of relevant laws and properly handling the relationship between the government and the market are three main features of the E-commerce Law. Three articles have become the highlights and emphases of the E-commerce Law: article 38 provisions on the corresponding liability of the platform; article 22 the provisions prohibit e-commerce business operators from abusing their dominant market position; article 35 E-commerce platform operators are prohibited from abusing relative preponderant position. Understanding the corresponding liability of the platform involves the convergence between E-commerce Law and Tort. Prohibiting e-commerce business operators from abusing their dominant market position and their relative preponderant position demonstrate the determination of the E-commerce Law to maintain the order of competition in the e-commerce market and establish a fair competition environment.