Research On The Supervision Of Online Trading In The Administrative Department Of Industry And Commerce In China

With the continuous popularization of Internet applications,online transactions shows a trend of rapid growth in our country.In 2013,China's online retail sales surpassed the United States and topped the world rankings,020 mode and mobile payment have taken the lead in the world.However,influenced by the imperfect social credit system in our country,the imperfect laws and regulations in the field of internet transactions,combined with the weak supervision ability in online transactions,our country's Internet market still has a lot of problems which will disrupt the order,and the situation of online transaction regulation is still grim.In order to safeguard the legitimate rights and interests of all parties involved in online transactions,it is necessary to conduct an in-depth discussion on the supervision of online transactions.The paper reviews China's online transaction development and online transaction supervision,summarizes Suqian's online transaction supervision practices,and sorts out problems in online transaction supervision in Suqian,for example,online transaction subject registration is slow,poor information sharing restricts the implementation of information-based regulatory measures,it is difficult to deal with consumer disputes,and the ability to regulate online transactions is weak.On the basis of summarizing Suqian's problems in advancing network transaction supervision,from the perspective of the general environment and common problems faced by China's online trade regulation,it analyzes the underlying causes of these problems in Suqian.First,the legal and regulatory system is not perfect,the existing legal norms are low,the legal effects are insufficient,the content lags behind the requirements of online trading supervision,and the practicality is not strong.Second,the collaboration between the departments is still to be strengthened,the coordination mechanism between departments is still to be determined,advancing joint law enforcement is still weak.Third,there is a relative lack of regulatory power.The number of full-time personnel in the supervision of online transactions is obviously insufficient in terms of quantity and capability.The technical means of the regulatory agencies still lags behind the development of online transaction technology to some extent.Fourth,the social credit system is not perfect,the credit evaluation system of the online trading platform is flawed,the credit management means of the supervisory department does not effectively cover the main players of the network transaction,and the overall integrity system of the society remains to be strengthened.Fifth,the self-discipline of the online trading industry needs to be strengthened.Social organizations such as industry associations in the field of online trading are few,and their self-management capabilities are weak.After summing up and comparing the experience of network regulation in the United States,Germany,Japan,South Korea and some domestic cities,this paper puts forward suggestions on how to perfect the regulation of Internet transactions in China from three aspects:First,improve legal supervision of Internet transactions.Promote the development of relevant laws governing online transaction supervision,increase the level of legislation,speed up the revision of existing laws and regulations.Clarify the jurisdiction of online transactions,and strengthen the jurisdiction of supervisory authorities in the places where operators are located on third-party platforms.Clarify the registration obligation of the network transaction operators,except that the business content of the natural person does not involve the permission or qualification.Strengthen the responsibility of the third party transaction platform,such as,protecting personal information,managing the operators within the platform,transacting disputes burden of proof.Second,improve the network transaction administrative supervision system.Establish a regulatory mechanism for coordination among departments and regions,a clear and specific coordination system between departments,and a mechanism for diverting and reviewing cooperation among regions to clarify ways of cooperation such as the transfer of network transaction cases and coordinated handling of cases.Establish sufficient specialized regulatory teams,increase and expand the township and county level's regulatory teams,so as to deal with the fast-changing illegal means of network transactions,and expanding the scale of network transactions.Develop and design efficient and convenient network transaction monitoring technology system to improve online transaction monitoring capabilities and efficiency.Third,improve the network transaction credit supervision system.Speed up the construction of a credit system for the whole society,build a database of credit information covering the whole country,form a joint disciplinary mechanism of dishonest behavior,and reduce the illegal acts of online transactions from the source.Give play to the multiple participators' participation and governance functions such as credit rating of third-party platforms and self-management of trade organizations,and create a good online transactions development environment.