People's Republic Of China Electronic Commerce Act (Quan Wen)

Catalog

general provisions

The second chapter is e-commerce operators.

Section 1 General Provisions

The second section of e-commerce platform operators

The third chapter is the conclusion and performance of e-commerce contracts.

The fourth chapter is e-commerce dispute resolution.

The fifth chapter is the promotion of e-commerce.

The sixth chapter is legal liability.

Seventh chapter supplementary provisions

general provisions

Article 1 this law is formulated in order to protect the legitimate rights and interests of all parties involved in e-commerce, regulate e-commerce activities, maintain market order, and promote the sustained and healthy development of e-commerce.

The second act of electronic commerce in People's Republic of China shall be governed by this law.

The term "electronic commerce" as mentioned in this Law refers to the business activities of selling goods or providing services through information networks, such as the Internet.

Where laws or administrative regulations have provisions on the sale of goods or services, their provisions shall apply.

This law is not applicable to financial products and services that provide information services such as news, information, audio and video programs, publishing and cultural products by means of information networks.

The third countries encourage the development of new e-commerce formats, innovate business models, promote R & D and application of e-commerce technology, promote the construction of e-commerce credit system, create a market environment conducive to the development of e-commerce, and give full play to the important role of e-commerce in promoting high quality development, meeting people's growing needs for better life and building an open economy.

The fourth countries treat business activities online and offline equally and promote the integration of online and offline development. People's governments at all levels and relevant departments should not adopt discriminatory policies and measures, and shall not abuse administrative power to exclude or restrict market competition.

The fifth e-commerce operators should abide by the principles of voluntariness, equality, fairness and honesty, abide by the law and business ethics, participate in market competition fairly, fulfill the obligations of consumer rights protection, environmental protection, intellectual property protection, network security and personal information protection, and bear the responsibility of product and service quality, and accept the supervision of the government and society.

Sixth the relevant departments under the State Council shall be responsible for the promotion, supervision and management of e-commerce development in accordance with the division of responsibilities.

The local people's governments at or above the county level may, according to the actual conditions of their respective administrative regions, determine the responsibilities of the departments responsible for e-commerce within their respective administrative regions.

The seventh countries establish a collaborative management system that is consistent with the characteristics of e-commerce, and promote the formation of e-commerce market governance system involving relevant departments, e-commerce industry organizations, e-commerce operators and consumers.

The eighth electronic commerce industry organizations shall carry out self-discipline in accordance with the articles of association of the organization, establish and improve industrial norms, promote the construction of the integrity of the industry, and supervise and guide the operators in the industry to participate in the market competition fairly.

The second chapter is e-commerce operators.

Section 1 General Provisions

The ninth term "e-commerce operator" as mentioned in this Law refers to natural persons, legal persons and non legal person organizations engaged in the business activities of selling goods or providing services through the Internet and other information networks, including e-commerce platform operators, operators inside the platform, and e-commerce operators who sell goods or provide services through self built websites and other network services.

The term "operator of e-commerce platform" as mentioned in this Law refers to a legal person or an illegal person organization that provides network business premises, paction matching and information dissemination services for both parties or parties in e-commerce.

The term "operator within the platform" as mentioned in this Law refers to an e-commerce operator who sells goods or provides services through an e-commerce platform.

The tenth operators of electronic commerce shall handle the registration of market entities according to law.

However, individuals who sell their own agricultural and sideline products and family handicraft products shall use their own skills to engage in convenient labour activities and sporadic small pactions without permission, and do not need to register in accordance with laws and administrative regulations.

The eleventh e-commerce operators shall perform their duty of paying taxes according to law, and enjoy preferential taxation in accordance with the law.

An electronic business operator who does not need to register with a market entity according to the preceding Article shall apply for tax registration in accordance with the provisions of the tax collection administration law and administrative regulations after the occurrence of the first tax liability, and declare and pay taxes according to the facts.

The twelfth electronic business operators engaging in business activities and obtaining relevant administrative licenses according to law shall obtain administrative license according to law.

Thirteenth goods or services provided by e-commerce operators shall meet the requirements for the protection of personal and property safety and environmental protection requirements, and shall not sell or provide goods or services prohibited by law or administrative regulations.

The fourteenth e-commerce operators shall issue paper invoices or electronic invoices and other purchase vouchers or service documents according to law according to law.

The electronic invoice and the paper invoice have the same legal effect.

The fifteenth e-commerce operators should keep their business license information, their administrative licensing information related to their business operations, and the information that they do not need to register the market participants, or the link markings of the above information, on the front page of their own businesses. They should be kept in accordance with the tenth clause of this law.

If the information specified in the preceding paragraph changes, the e-commerce operator shall update the publicity information in time.

If the sixteenth e-commerce operators terminate their own business on an electronic basis, they shall continue to publicized the information on the thirty page in advance.

The seventeenth e-commerce operators should disclose information of goods or services in a comprehensive, real, accurate and timely manner so as to protect consumers' right to know and to choose.

Electronic business operators should not make false or misleading commercial propaganda in the form of fictitious pactions or user evaluation, deceiving and misleading consumers.

The eighteenth e-commerce operators should provide the consumers with the search results of goods or services according to their interests, hobbies and habits. Meanwhile, they should provide consumers with options that are not targeted at their personal characteristics, and respect and equal protection of consumers' legitimate rights and interests.

The operators of electronic commerce shall send advertisements to consumers, and shall comply with the relevant provisions of the advertising law of the People's Republic of China.

The nineteenth e-commerce operators should draw the attention of consumers to the tying of goods or services in a significant way, and the tying products or services should not be used as the default consent option.

The twentieth e-commerce operators shall deliver goods or services to consumers according to their promises or the time and time stipulated by the consumers, and assume the risks and responsibilities in the pportation of goods.

However, consumers choose other express logistics providers separately.

If the twenty-first electronic commerce operators collect deposits from consumers according to the stipulations, they shall explicitly indicate the procedures and procedures for the refund of the deposit, and shall not set unreasonable conditions for the refund of the deposit.

If a consumer applies for refund of the deposit, it is in conformity with the conditions for refund of the deposit, and the electronic business operator shall return it in time.

The twenty-second e-commerce operators are not allowed to abuse the dominant position of the market because of their technological superiority, the number of users, the control ability of related industries, and other operators' dependence on the e-commerce operators' pactions, and exclude and restrict competition.

The twenty-third electronic commerce operators should collect and use their users' personal information and comply with the provisions on personal information protection in laws and administrative regulations.

The twenty-fourth electronic commerce operators should express the way and procedure of user information inquiry, correction, deletion and user cancellation, and shall not make unreasonable conditions for user information inquiry, correction, deletion and user cancellation.

When an electronic business operator receives an application for user information inquiry or correction or deletion, it shall provide timely enquiry, correction or deletion of user information after verification of identity.

If the user canceling, the electronic business operator shall immediately delete the information of the user; in accordance with the provisions of the laws, administrative regulations or the two sides agreed to save, according to the provisions.

Twenty-fifth, the relevant competent departments shall, according to the provisions of laws and administrative regulations, require electronic business operators to provide electronic commerce data information, and the electronic business operators shall provide them.

The competent departments concerned should take necessary measures to protect the safety of data information provided by e-commerce operators, and strictly keep confidential their personal information, privacy and business secrets, and not divulge, sell or illegally provide them to others.

The twenty-sixth e-commerce operators engaging in cross-border e-commerce must abide by the laws, administrative regulations and relevant state regulations of import and export supervision and administration.

The second section of e-commerce platform operators

The twenty-seventh operators of electronic commerce platform should ask for an application to enter the platform selling goods or provide the service operators to submit their real information, such as their status, address, contact method, administrative license, etc., for verification, registration, establishment of registration files, and regular verification of updates.

The operator of an e-commerce platform shall comply with the relevant provisions of this section for providing services to non business users who sell goods or provide services to the platform.

The twenty-eighth operators of electronic commerce platform shall submit the identity information to the operators within the platform in accordance with the regulations, indicating that the operators who have not registered with the market participants shall register according to law, and cooperate with the market supervision and management departments to facilitate the registration of the operators who should register with the market participants according to the characteristics of the electronic commerce.

The operators of e-commerce platform shall, according to the provisions of laws and administrative regulations on tax collection and administration, submit to the tax authorities the identity information and tax related information of the operators within the platform, and shall suggest that the electronic business operators who do not need to register the market participants according to the tenth provision of this Law shall conduct tax registration in accordance with the provisions of the second paragraph of article eleventh of this law.

Twenty-ninth operators of e-commerce platforms find that the goods or service information in the platform is in violation of the provisions of the twelfth and thirteenth provisions of this law. They shall take necessary measures according to law and report to the competent departments concerned.

The thirtieth operators of e-commerce platform should take technical measures and other necessary measures to ensure their network security and stable operation, prevent network illegal activities, effectively deal with network security incidents, and ensure the safety of e-commerce pactions.

An e-commerce platform operator should formulate an emergency plan for network security incidents. When a network security incident occurs, the emergency plan should be launched immediately, corresponding remedial measures should be taken, and reports to the competent departments concerned.

The thirty-first operators of e-commerce platform should record and preserve the information and paction information of goods and services released on the platform, and ensure the integrity, confidentiality and availability of information.

The time for goods and services information and paction information to be kept is not less than three years from the date of completion of the paction.

The thirty-second operators of e-commerce platforms should follow the principles of openness, fairness and impartiality, formulate platform service agreements and trading rules, and clearly define the rights and obligations of entry and exit platforms, quality assurance of goods and services, protection of consumers' rights and interests, and protection of personal information.

The thirty-third e-commerce platform operators should continue to publicized the platform service agreement and paction rules information or the link identification of the above information in the prominent position of their home page, and ensure that the operators and consumers can conveniently and completely read and download.

The thirty-fourth operators of electronic commerce platform should modify the platform service agreement and trading rules. They should openly solicit opinions on the prominent positions of their home pages, and take reasonable measures to ensure that all parties concerned can express their opinions in time.

The amendment shall be publicized at least seven days before the implementation.

If the operator in the platform does not accept the modification content, the operator of the e-business platform shall not obstruct the withdrawal from the platform, and shall bear relevant responsibilities in accordance with the revised service agreement and trading rules.

The thirty-fifth operators of e-commerce platforms should not make use of service agreements, trading rules and technologies to make unreasonable restrictions or add unreasonable conditions to the operators' pactions, paction prices and pactions with other operators on the platform, or they will charge unreasonable fees to the operators in the platform.

The thirty-sixth e-commerce platform operators should promptly publicized in accordance with platform service agreements and trading rules, warning, suspending or terminating services for operators violating laws and regulations in the platform.

Thirty-seventh operators of e-commerce platforms carry out proprietary business on their platforms. They should distinguish between the marked self operated businesses and the business carried out by the operators in the platform in a significant way, and not mislead consumers.

The operator of the e-commerce platform shall bear the civil liability of the commodity seller or the service provider according to the business marked as proprietary business.

The thirty-eighth operators of the e-commerce platform know or should know that the goods sold by the operators or the services provided by the operators on the platform are not in line with the requirements for the protection of personal or property safety, or have other acts that infringe upon the legitimate rights and interests of consumers, and do not take necessary measures. They are jointly and severally liable for the business operators in the platform according to law.

For goods or services that are related to consumers' life and health, the operators of e-commerce platforms fail to fulfill the obligation to examine the qualifications of the operators in the platform, or the consumers do not fulfill their obligations of safety and security, thereby causing consumers' damage, and assume corresponding responsibilities according to law.

The thirty-ninth operators of e-commerce platform should establish and improve the credit evaluation system, publicise the credit evaluation rules, and provide consumers with the means to evaluate the goods sold on the platform or the services provided.

An e-commerce platform operator shall not delete consumers' evaluation of goods sold on their platforms or services provided.

The fortieth operators of e-commerce platform should display the search results of goods or services to consumers in a variety of ways according to the prices, sales volume and credit of goods or services.

The forty-first operators of e-commerce platforms should establish rules for the protection of intellectual property rights, strengthen cooperation with intellectual property rights holders, and protect intellectual property rights according to law.

The forty-second intellectual property rights holders believe that their intellectual property rights are infringed, and they have the right to notify the e-commerce platform operators to take necessary measures such as deleting, shielding, breaking links, terminating pactions and services.

The notice should include preliminary evidence of infringement.

After receiving notification, an e-commerce platform operator shall take necessary measures in time and pfer the notice to the operator in the platform. If the necessary measures are not taken in time, the expanded part of the damage shall be jointly and severally liable to the operator within the platform.

If the operator's injury is caused by the notification error, it shall bear civil liability according to law.

Malicious notification is issued, causing the loss of the operator in the platform, and double liability.

After the notification of the pfer is received by the forty-third operators within the platform, a statement of no infringement shall be submitted to the operator of the e-commerce platform.

The statement should include preliminary evidence of no infringement.

After receiving the statement, the operator of the e-commerce platform shall pmit the statement to the intellectual property owner who has given notice, and inform him that he may complain to the competent department concerned or bring a suit in the people's court.

The operator of the electronic commerce platform shall, within fifteen days after the pfer statement arrives at the obligee of the intellectual property right, have not received the notification of the right holder's complaint or prosecution, and shall promptly terminate the measures taken.

The forty-fourth operators of the e-commerce platform shall timely publicized the notices, declarations and processing results stipulated in the forty-second and forty-third articles of this law.

Forty-fifth operators of e-commerce platforms know or should know that the operators in the platform infringe on intellectual property rights. They should take necessary measures such as deleting, shielding, disconnecting links, terminating pactions and services; and failing to take necessary measures, they shall be jointly and severally liable to the infringers.

Forty-sixth in addition to the services stipulated in the ninth second paragraphs of this law, e-commerce platform operators can provide warehousing, logistics, payment settlement, settlement and other services for e-commerce between operators according to the platform service agreement and trading rules.

Operators of e-commerce platforms should provide services for electronic commerce between operators. They should abide by laws, administrative regulations and relevant state regulations, and shall not conduct centralized pactions such as centralized bidding or market makers, etc.

The third chapter is the conclusion and performance of e-commerce contracts.

The forty-seventh parties to conclude and carry out the contract of electronic commerce shall apply the provisions of this chapter and the general principles of the people's Republic of China, the contract law of the People's Republic of China, and the electronic signature law of the People's Republic of China.

The forty-eighth parties of electronic commerce use the automatic information system to conclude or fulfill the contract, which has the legal effect to the parties who use the system.

In e-commerce, the presumed party has corresponding civil capacity.

However, the contrary evidence is sufficient to overturn.

The forty-ninth goods or service information issued by an e-commerce operator conforms to the conditions of the offer. If the user chooses the goods or services and submit the order, the contract is established.

If the parties have agreed otherwise, the parties shall make an agreement.

An electronic business operator shall not agree that the contract shall not be established after the consumer pays the price in terms of standard terms, etc., and the contents such as the format clause shall not be valid.

The fiftieth e-commerce operators should clearly, comprehensively and clearly inform users about the steps, matters needing attention, downloading methods, etc., and ensure that users can read and download them conveniently and completely.

E-commerce operators should ensure that users can correct input errors before submitting orders.

The fifty-first contract is delivered to the goods and delivered by express logistics. The consignee sign time is the delivery time.

The time specified in the electronic certificate or physical voucher produced in the contract is the time of delivery, and the time stated in the aforesaid voucher does not specify the time or the prescribed time is inconsistent with the actual service time provided. The actual service delivery time is the delivery time.

If the contract is delivered on line, the contract will enter the specified system specified by the other party and the time to identify and identify the contract will be the delivery time.

Where the parties concerned have agreed otherwise on delivery mode and delivery time, the parties shall make an agreement.

The fifty-second e-commerce parties may agree to deliver goods by express logistics.

Express logistics service providers provide express logistics services for e-commerce. They should abide by laws and administrative regulations, and should comply with the promised service specifications and time limits.

When delivering goods, the express logistics service provider should prompt the consignee to inspect it in person. The consignee should agree with the consignee.

The express logistics service providers shall use environmental protection packaging materials according to regulations, so as to realize the reduction and reuse of packaging materials.

The express logistics service providers can accept the Commission of e-commerce operators while providing express logistics services, and provide the collection service.

The fifty-third e - commerce parties may agree to pay the price by means of electronic payment.

Electronic payment service providers provide electronic payment services for e-commerce. They should abide by the state regulations and inform users of the functions, methods of use, matters needing attention, relevant risks and charging standards of electronic payment services, and shall not add unreasonable trading conditions.

Electronic payment service providers should ensure the integrity, consistency, traceability and non tampering of electronic payment instructions.

Electronic payment service providers should provide accounts free services to users and record pactions for the past three years.

Fifty-fourth electronic payment service providers who provide electronic payment services are not in line with the state's requirements for payment security management and cause losses to users, shall be liable for compensation.

Fifty-fifth, before issuing the payment instruction, the user should check the total information contained in the payment instruction and payee.

If the payment instruction is wrong, the electronic payment service provider should find out the reason in time and take relevant measures to correct it.

An electronic payment service provider shall be liable for compensation if it causes losses to users, but it can prove that payment errors are not caused by their own reasons.

After fifty-sixth electronic payment service providers complete the electronic payment, they should provide timely and accurate information to confirm the payment.

Fifty-seventh users should properly store paction password, electronic signature data and other security tools.

If a user discovers that a security tool is lost, misappropriated or unauthorized payment, it shall notify the electronic payment service provider in time.

The loss caused by the unauthorized payment is borne by the electronic payment service provider; the electronic payment service provider can prove that the unauthorized payment is caused by the user's fault and is not liable.

When an electronic payment service provider finds that the payment instruction is unauthorized or receives the unauthorized notification from the user's payment instruction, it shall take immediate measures to prevent the loss from expanding.

If an electronic payment service provider fails to take measures in time to lead to a loss expansion, he or she shall be held responsible for the enlargement of the loss.

The fourth chapter is e-commerce dispute resolution.

The fifty-eighth countries encourage e-commerce platform operators to establish commodity and service quality guarantee mechanisms that are conducive to the development of e-commerce and the protection of consumers' rights and interests.

The agreement between the operator of the e-commerce platform and the operator within the platform shall set up a deposit for the rights and interests of consumers. The two parties shall make a clear agreement on the amount, management, use and refund of the amount of the consumer's rights and interests.

Consumers require the operator of the e-commerce platform to undertake the first compensation liability and the compensation of the operator of the e-commerce platform to the operator in the platform, and the relevant provisions of the law of the People's Republic of China on the protection of consumers' rights and interests shall apply.

The fifty-ninth e-commerce operators should establish a convenient and effective complaint and reporting mechanism, publicize complaints, reporting methods and other information, and timely accept and handle complaints and reports.

The sixtieth dispute over electronic commerce can be settled through consultation and conciliation, requiring consumers' organizations, trade associations or other mediation organizations established according to law to mediate, lodge complaints with the departments concerned, and submit them for arbitration or litigation.

Sixty-first, when consumers buy goods or receive services on the e-commerce platform and have disputes with the operators within the platform, the e-commerce platform operators should actively assist consumers in safeguarding their legitimate rights and interests.

The sixty-second item in the dispute handling of e-commerce is that e-commerce operators should provide original contracts and paction records.

Because the operators of electronic commerce lose, forge, tamper with, destroy, concealment or refuse to provide the foregoing information, resulting in the fact that the people's court, the arbitration organ or the relevant organ can not find out the facts, the electronic business operator shall bear the corresponding legal liability.

The sixty-third operators of e-commerce platform can establish online dispute resolution mechanism, formulate and publicize dispute resolution rules, and resolve the disputes of the parties fairly and impartially according to the principle of voluntariness.

The fifth chapter is the promotion of e-commerce.

Sixty-fourth the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the central government shall incorporate e-commerce development into the national economic and social development plan, formulate scientific and rational industrial policies, and promote the innovative development of e-commerce.

Sixty-fifth the State Council and local people's governments at or above the county level should take measures to support and promote green packaging, warehousing and pportation, so as to promote the green development of e-commerce.

The sixty-sixth countries promote the construction of e-commerce infrastructure and logistics network, improve the statistical system of e-commerce, and strengthen the construction of e-commerce standard system.

The sixty-seventh countries promote the application of e-commerce in various fields of national economy, and support the integration and development of e-commerce and various industries.

The sixty-eighth countries promote the application of Internet technology in agricultural production, processing and circulation, encourage all kinds of social resources to strengthen cooperation, promote the development of rural e-commerce, and play the role of e-commerce in precision poverty alleviation.

The sixty-ninth countries maintain e-commerce security, protect e-commerce users' information, encourage the development and application of e-commerce data, and ensure the orderly and free flow of e-commerce data in accordance with the law.

The state has taken measures to promote the establishment of a public data sharing mechanism to promote the utilization of public data by electronic business operators in accordance with the law.

The seventieth country supports the credit rating agencies established according to law to carry out e-commerce credit evaluation, and provides e-commerce credit evaluation service to the society.

The seventy-first countries promote the development of cross-border e-commerce, establish and improve the management system of customs, taxation, entry-exit inspection and quarantine, payment and settlement to adapt to the characteristics of cross-border e-commerce, improve the facilitation level of cross-border e-commerce links, and support cross border e-commerce platform operators to provide warehousing, logistics, customs declaration, inspection and other services for cross-border e-commerce.

The State supports small and micro enterprises in cross-border e-commerce.

The seventy-second state import and export administration departments should promote the construction of comprehensive service and supervision system for customs declaration, taxation, inspection and Quarantine of cross-border e-commerce, optimize the supervision process, promote information sharing, mutual recognition of supervision and mutual aid, and enhance the efficiency of cross border e-commerce services and supervision.

Cross border e-commerce operators can apply the electronic documents to the state import and export administration department for the relevant formalities.

The seventy-third countries promote the establishment of cross border e-commerce exchanges and cooperation with different countries and regions, participate in the formulation of international rules for electronic commerce, and promote international mutual recognition of electronic signatures and electronic identities.

The state promotes the establishment of cross-border e-commerce dispute resolution mechanisms between different countries and regions.

The sixth chapter is legal liability.

The seventy-fourth electronic business operators selling goods or providing services, failing to fulfill their contractual obligations or performing contractual obligations are not in conformity with the agreement, or causing damage to others, shall bear civil liability according to law.

The seventy-fifth e-commerce operators violate the provisions of the twelfth and thirteenth articles of this law, engage in business activities without obtaining relevant administrative licenses, or sell or provide goods or services prohibited by laws or administrative regulations, or fail to fulfil the obligation of providing information in accordance with the twenty-fifth provision of this law. If the operators of e-commerce platform violate the provisions of article forty-sixth of this law, conduct pactions in concentrated pactions or conduct standardized pactions, they shall be punished in accordance with the provisions of relevant laws and administrative regulations.

In the event of violation of the provisions of this law, the seventy-sixth electronic commerce operators shall be ordered by the market supervision and management department to make corrections within a prescribed time limit, and a fine of less than ten thousand yuan shall be imposed. The business operators of the e-commerce platform shall be punished according to the provisions of the first paragraph of article eighty-first of this law.

(1) the information on the business license, the administrative licensing information, the information that does not need to register the market participants, or the link markup of the above information are not publicized in the prominent position of the home page.

(two) do not continue to publicized the relevant information on e-commerce in the prominent position of the home page;

(three) there is no indication of user information inquiries, corrections, deletions and ways and procedures of user cancellation, or unreasonable conditions for user information inquiries, corrections, deletions, and user logoff settings.

If the operator of the e-commerce platform fails to take the necessary measures against the operators in violation of the provisions of the preceding paragraph, the market supervision and management department shall order them to make corrections within a prescribed time limit and shall be liable to a fine of not less than twenty thousand yuan but not more than one hundred thousand yuan.

Seventy-seventh electronic business operators who violate the provisions of the first paragraph of article eighteenth of this law to provide search results, or violate the provisions of the nineteenth provision of this law, shall be ordered by the market supervision and management department to make corrections within a prescribed time limit, confiscate the illegal gains, and may impose a fine of not more than two hundred thousand yuan or fifty thousand yuan. If the circumstances are serious, they shall be fined not less than two hundred thousand yuan but not more than five hundred thousand yuan.

Seventy-eighth electronic business operators who violate the provisions of the twenty-first provision of this Law and do not give unreasonable terms to the deposit refund, or do not return the deposit in time without returning the deposit to the consumers, shall be ordered by the competent departments to make corrections within a time limit, and may be fined under fifty thousand yuan or less than two hundred thousand yuan. If the circumstances are serious, they shall be fined not less than two hundred thousand yuan but not more than five hundred thousand yuan.

Seventy-ninth electronic business operators who violate the provisions on personal information protection in laws and administrative regulations, or fail to fulfill the obligations of network security under the thirtieth articles of this Law and the relevant laws and administrative regulations, shall be punished in accordance with the provisions of the laws and administrative regulations of the People's Republic of China network security law.

Eightieth of the following behaviors of an e-commerce platform operator shall be ordered by the relevant competent departments to make corrections within a prescribed time limit. If the overdue amendment is not made, a fine of more than twenty thousand yuan and one hundred thousand yuan shall be imposed; if the circumstances are serious, it shall be ordered to suspend business for rectification and to impose a fine of not less than one hundred thousand yuan or less than five hundred thousand yuan.

(1) failing to fulfill the obligations of verification and registration stipulated in the twenty-seventh provision of this law;

(two) failing to submit relevant information to the market supervisory and administrative departments or tax departments in accordance with the twenty-eighth provision of this law;

(three) it shall not take necessary measures to deal with illegal situations in accordance with the twenty-ninth provision of this law, or fail to report to the competent authorities concerned.

(four) failure to fulfill obligations of goods and services information and paction information stipulated in the thirty-first provision of this law.

Where a law or administrative regulation provides otherwise for the punishment of an illegal act specified in the preceding paragraph, it shall be in accordance with its provisions.

Eighty-first operators of electronic commerce platforms who violate the provisions of this Law and have one of the following acts shall be ordered by the market supervision and management department to make corrections within a prescribed time limit, and may be fined below twenty thousand yuan or one hundred thousand yuan. If the circumstances are serious, they shall be fined not less than one hundred thousand yuan or less than five hundred thousand yuan.

(1) the platform service agreement, trading rules information, or the link markup of the above information should not be publicized continuously in the prominent position of the front page.

(two) the revised trading rules do not publicly solicit opinions on the prominent position of the home page, do not publicized the contents of the amendment ahead of time, or stop the withdrawal of the operators from the platform.

(three) there is no significant way to distinguish between the marking self operated business and the business carried out by the operator inside the platform.

(four) do not provide consumers with the means to evaluate the goods sold on the platform or provide services, or delete consumers' evaluation without authorization.

In violation of the fortieth provision of this law, the operator of the e-commerce platform shall punish the goods or services that have not been marked "advertising" according to the provisions of the advertising law of the People's Republic of China.

Eighty-second operators of e-commerce platforms violate the provisions of the thirty-fifth provision of this law, unreasonable restrictions or additional unreasonable conditions on the pactions, paction prices or pactions with other operators within the platform, or the unreasonable fees charged to the operators within the platform. The market supervision and management department shall order a correction within a time limit, and may be fined below fifty thousand yuan or less than five hundred thousand yuan. If the circumstances are serious, a fine of more than five hundred thousand yuan and two million yuan shall be imposed.

In violation of the thirty-eighth provision of this law, eighty-third operators of e-commerce platforms do not take the necessary measures to infringe on the legitimate rights and interests of consumers in the platform, or fail to fulfill the obligation of qualification qualification examination for the operators on the platform, or consumers fail to fulfill their obligations of safety and security. The market supervision and management department shall order them to make corrections within a prescribed time limit, and may be fined under fifty thousand yuan or more than five hundred thousand yuan. If the circumstances are serious, they shall be ordered to suspend business for rectification and impose a fine of more than five hundred thousand yuan or less than two million yuan.

In violation of the provisions of the forty-second and forty-fifth articles of this law, eighty-fourth operators of e-commerce platforms violate the law according to the provisions of the forty-second and forty-fifth provisions of the law, and the relevant intellectual property administrative departments shall order them to make corrections within a prescribed time. If they fail to make corrections within the time limit, they shall be fined not more than fifty thousand yuan or less. If the circumstances are serious, they shall be fined not more than five hundred thousand yuan but not more than two million yuan.

Article eighty-fifth electronic commerce operators who violate the provisions of this law, sell goods or services that do not meet the requirements of ensuring the safety of persons and property, implement unfair or unfair commercial acts such as false or misleading business, abuse the dominant position of the market, or infringe upon intellectual property rights or infringe upon the rights and interests of consumers, shall be punished in accordance with the provisions of relevant laws.

Eighty-sixth electronic business operators who have committed the illegal acts stipulated in this Law shall be credited to the credit archives according to the provisions of relevant laws and administrative regulations, and shall be publicized.

Eighty-seventh staff members of departments responsible for the supervision and administration of electronic commerce, who neglect their duties, abuse their power, commit malpractices for selfish ends, or disclose, sell or illegally provide personal information, privacy and business secrets to others in performing their duties, shall be investigated for legal liabilities in accordance with the law.

The eighty-eighth violation of the provisions of this law constitutes a violation of the administration of public security, shall be given public security punishment according to law; if a crime is constituted, the criminal responsibility shall be investigated according to law.

Seventh chapter supplementary provisions

The eighty-ninth law comes into effect on January 1, 2019.