Shanghai Municipal People’s Congress, the Shanghai Municipal Science and technology awards center director Yin Bangqi put forward on behalf of the bill to the National People’s Congress, proposed the "Regulations of Shanghai city online trading consumer protection as soon as possible (Draft)".
bill pointed out that the law lags behind, has become a bottleneck restricting online transactions. It is necessary to establish traceability procedure and improve the searching mechanism of the subject of tort liability. At the same time, engaged in online trading site server should also be included in the scope of taxation.
through the legislation to establish traceability procedures, requirements of enterprises and individuals can open shop real name system, improve the entry threshold, clear online traders name, credit, legal representative, registered capital, the real business situation, business address etc..
bill that, between the website operators and sellers each other should be jointly and severally liable, the website operator must assume certain obligations to the seller qualification examination, once found the website operators still allow the transaction in knowing that the sellers malicious fraud cases, consumers have the right to claim compensation from the website operator it is personal and property damage.
proposal to improve the online trading business tax mechanism, consider the web server into the identification of a fixed place of business, such as a web server to accept an order, delivery, transfer and accounts receivable transactions, can be considered a "fixed place of business, can be included in the business tax levy scope.