How to create the best business environment for live e-commerce? The committee member recommended that Shanghai do the same

This afternoon, the Fifth Session of the 13th CPPCC Shanghai Municipal Committee held a speech at the conference. Zhang Jinquan, member of the Municipal Committee of the Chinese People's Political Consultative Conference, vice chairman of the Municipal Youth Federation and equity partner of Zhong Lun Law Firm, made a speech on "focusing on improving the government supervision and legal protection of live e-commerce".

The "online new economy", represented by live e-commerce, is a blue ocean industry under the triple pressure of the mainland's current economic development, and it is expected that the market size will exceed 5 trillion yuan in 2023. "Big guys bring goods, showing the imagination space of new business models; farmers bring goods to achieve farmers' prosperity and rural revitalization; Internet celebrities bring goods, creating more flexible employment opportunities." In Zhang Jinquan's view, live e-commerce has better promoted the cause of common prosperity.

With the development of the live broadcasting industry, many problems have gradually become prominent, and regulatory standards and laws and regulations are relatively lagging behind, resulting in chaos in the industry, and there are still great risks. Zhang Jinquan found that civil legal disputes between live broadcast platforms, e-commerce anchors, consumers and other entities are constant, especially after consumer rights and interests are infringed. For example, speculative live broadcasting involves false publicity, price gouging and unfair competition, consumers suffer personal or property damage due to the quality of goods or services, and e-commerce and live broadcasting platforms use standard contracts to reduce or exempt operators from obligations.

At the same time, the guidance and supervision of the live e-commerce industry are also insufficient, the industry access threshold is low, and the management of behavioral norms is weak. Personal information security supervision is not in place, user information is leaked; a large number of e-commerce anchors lack the awareness of operating according to law, through the so-called tax planning to evade taxes and other illegal phenomena occur frequently, recently the head anchors Wei Ya and Sydney were recovered from taxes of 1.3 billion yuan and more than 60 million yuan, respectively, causing strong social repercussions.

Shanghai's economy is a typical innovative economy, service-oriented economy, open economy, headquarters-based economy and traffic-oriented economy. As a century-old commercial center, how can Shanghai be the first to try, create a city business card of an international consumption center, create the best business environment for live e-commerce, and better promote "independent employment, mass entrepreneurship, and mass innovation"?

Zhang Jinquan suggested that in combination with the local independent legislative authority of Pudong, under the current legal framework, regulations in the field of live e-commerce with Pudong characteristics should be formulated to fill the legislative gap in the field of live e-commerce. It is necessary to clarify the legal status and liability boundaries of various civil entities in the live e-commerce industry, clarify the regulatory scope and rights and responsibilities of relevant administrative entities, and give full play to the role of the Pudong test field to explore the legal attributes of monetizable resources such as live broadcast accounts and fan traffic.

Zhang Jinquan also suggested that the Shanghai Live E-commerce Industry Association be established to strengthen industry management and standardize industry behavior. Such as setting up unified certification of e-commerce anchor qualifications, improving the qualification management of market entities, establishing a self-examination and self-correction system for industry associations, formulating industry "compliance standards" and "negative lists", and introducing a punishment mechanism for live e-commerce entities for untrustworthiness.

"It is also necessary to further strengthen the government's supervision of the industry." Zhang Jinquan said that it is necessary to strengthen the security supervision of personal information data obtained from live broadcast activities, and actively use scientific and technological means to ensure the security of personal information. Standardize the tax order of the online live broadcasting industry, consolidate the tax-related responsibilities of the platform, implement tax linkage inspections, especially for the personal studios and enterprises established by network anchors, they should be counseled to establish accounting systems in accordance with laws and regulations, declare and pay taxes, and make the new format of traffic realization develop benignly within the rule of law track.