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Eight departments: increase efforts to rectify the import and export links of cross-border e-commerce


Release time:

2019-06-22

According to the website of the State Administration for Market Regulation, on June 20, the State Administration for Market Regulation and other departments issued the 2019 Network Market Supervision Special Action (Cyber Sword Action) Plan (hereinafter referred to as the "Plan").

According to the website of the State Administration for Market Regulation, on June 20, the State Administration for Market Regulation and other departments issued the 2019 Network Market Supervision Special Action (Cyber Sword Action) Plan (hereinafter referred to as the "Plan").

"Program" shows that in accordance with the law to crack down on other types of illegal network transactions, effectively purify the network market environment. We will strengthen the research, supervision, crackdown and investigation of illegal and criminal acts on the mobile phone APP side (online trading platform, online food ordering platform, online travel platform, social e-commerce, cross-border e-commerce and other new models and formats in the online market). Intensify the investigation and punishment of online sales of single-purpose commercial prepaid cards. Strict supervision of overseas purchasing behavior, increase the intensity of cross-border e-commerce import and export links. Strengthen the monitoring and supervision of online sales of prohibited commodities, and constantly purify the online market environment.

The full text of the programme is as follows:


2019 network market supervision special action (net sword action) program


In order to thoroughly implement the spirit of the 19th CPC National Congress and the second and third Plenary sessions of the 19th CPC Central Committee, with the implementation of the Electronic Commerce Law as the guidance, standardize network operation behavior, purify the trading environment of the network market, and maintain a good network market order, the member units of the inter-ministerial joint meeting on network market supervision decided to jointly carry out the 2019 network market supervision special action (net sword action) from June to November. Specific programs are as follows:


1. overall objective


Give full play to the role of the inter-ministerial joint conference on online market supervision, strictly implement the relevant provisions of the "E-commerce Law", severely crack down on outstanding problems in the online market, and create a fair and competitive market order. Adhere to legal supervision, prudential supervision, intelligent supervision, comprehensive supervision and collaborative supervision, strengthen credit constraints, standardize e-commerce behavior, purify the trading environment, protect the legitimate rights and interests of consumers and operators, improve the quality of online goods and services, and promote the sustainable and healthy development of e-commerce.


2. key tasks


(I) focus on standardizing the qualifications of e-commerce entities and creating a good access environment. Investigate and punish the acts of e-commerce operators in violation of the information disclosure obligations stipulated in Article 15 of the Electronic Commerce Law. Supervise e-commerce operators to handle the registration of market entities in accordance with the law, standardize the qualifications of e-commerce entities, and strengthen the standardized guidance of social e-commerce and cross-border e-commerce operators. Supervise and urge e-commerce platform operators to register and put on record in accordance with the requirements of laws and regulations such as the Electronic Commerce Law, verify and register the true information of operators entering the platform, establish registration files, and supervise e-commerce operators to do a good job of lighting, certificates and labels. Urge postal enterprises and express delivery enterprises to strengthen the review of the business scope of e-commerce enterprise agreement customers. Standardize e-commerce business entities and focus on illegal Internet applications (websites, APP, etc.). (The General Administration of Market Supervision, the Ministry of Industry and Information Technology, the Ministry of Public Security, the General Administration of Customs, and the Post Office cooperate according to the division of responsibilities)


(II) severely crack down on online sales of fake and shoddy products, unsafe food and fake and shoddy drugs, and create a safe consumption environment. Focus on consumer goods that are socially reflective and related to health and safety, such as food (including health food), medicines, electronic products, auto parts, furniture and home furnishings, household daily necessities, children's products, clothing, shoes and hats, and labor protection helmets, and strengthen supervision and law enforcement And criminal justice, take major cases as a breakthrough, organize and carry out concentrated crackdowns, and resolutely hold the bottom line of people's life, health and safety. Adhere to the combination of online and offline governance, strengthen spot checks on food and other commodities in the circulation and sales of catering links, strengthen food safety supervision of online catering services, strengthen risk monitoring, purify the source of production, and investigate and deal with illegal and criminal activities using the Internet to sell fake and shoddy goods in accordance with the law. Dispose of Internet infringement and counterfeiting of harmful information in accordance with laws and regulations. (The General Administration of Market Supervision, the Ministry of Public Security, the General Administration of Customs, and the Post Office cooperate according to the division of responsibilities)


(III) crack down on unfair competition and create a market environment for fair competition. In accordance with the "Anti-Unfair Competition Law", "E-Commerce Law" and other relevant regulations, severely crack down on online false propaganda, brush orders and speculation, illegal promotions, and illegal tying. Seriously investigate and punish the illegal promotion of infant formula food behavior. Severely crack down on illegal activities such as helping other operators to brush orders and fry letters by organizing illegal delivery of empty parcels. Supervise and urge e-commerce platform operators to further strengthen the monitoring and monitoring of the behavior of brushing orders and speculation, improve the credit evaluation system of goods (services), and cooperate with law enforcement. Investigate and deal with e-commerce platform operators in accordance with the law to restrict operators within the platform to participate in other third-party e-commerce platform business activities and other acts. (The General Administration of Market Supervision, the National Development and Reform Commission, the Ministry of Commerce, and the Post Office cooperate according to the division of responsibilities)


(IV) carry out in-depth Internet advertising rectification work to create a good advertising market environment. Focus on portals, search engines, and e-commerce platforms with large social impact and wide coverage, highlight Internet media such as mobile clients and new media accounts, and target medical care, medicines, health food, real estate, financial investment and financial management, etc. For false and illegal advertisements related to health and property safety, intensify the investigation and handling of cases, and investigate a number of major and important cases. (The General Administration of Market Supervision, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the Cyberspace Administration of China cooperate according to the division of responsibilities)


(V) crack down on other types of illegal online transactions in accordance with the law, and effectively purify the online market environment. We will implement the relevant provisions of the e-commerce law, the network security law, the law on the protection of consumers' rights and interests, the price law, and the Interim Measures for the return of goods purchased online for seven days without reason, unblock the channels for reporting consumer complaints, protect consumers' right to know and choose, We will intensify the crackdown on acts that infringe upon the rights and interests of consumers, such as unfair price behavior, unfair format clauses, and failure to fulfill the obligation of returning goods without reason for seven days. We will strengthen the protection of personal information in all directions and channels, standardize the standard terms of contracts involving personal information, seriously investigate and deal with the collection, use, excessive collection or disclosure, illegal sale and illegal provision of personal information to others without consent, investigate and deal with the network platform that fails to perform the obligation to protect personal information and provide support and assistance for network crimes, We should prevent the abuse of personal information by big data technology. In accordance with the law, we will severely crack down on online trading platforms that provide trading services for the illegal sale, purchase and use of wild animals and their products or prohibited hunting tools. Close cooperation and cooperation, strengthen the mobile phone APP end (online trading platform, online food ordering platform, online travel platform, social e-commerce, cross-border e-commerce and other new models of online market new formats) illegal and criminal acts, supervision and crackdown investigation. Intensify the investigation and punishment of online sales of single-purpose commercial prepaid cards. Strict supervision of overseas purchasing behavior, increase the intensity of cross-border e-commerce import and export links. Strengthen the monitoring and supervision of online sales of prohibited commodities, and constantly purify the online market environment. (The General Administration of Market Supervision, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Commerce, the General Administration of Customs, the Internet Information Office, and the Post Office cooperate according to the division of responsibilities)


(VI) strengthen the network transaction information monitoring and product quality spot checks, and create a good consumption environment. Continuously strengthen the application of regulatory technology, explore new ways to monitor the application of network transaction information, improve the monitoring and supervision process, and effectively discover illegal clues of network transactions. Focus on the network centralized promotion period, holidays and other important time nodes, carry out network market targeted monitoring and product quality sampling, timely detection of risks, play the role of joint disciplinary departments for breach of trust, the implementation of the whole network warning. (The General Administration of Market Supervision, the Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Commerce, the General Administration of Customs, the Internet Information Office, and the Post Office cooperate according to the division of responsibilities)


(VII) implement the responsibility of e-commerce operators and create an honest and law-abiding business environment. Supervise and urge e-commerce operators, especially platform operators, to fulfill their statutory responsibilities and obligations. Supervise e-commerce operators to fulfill their obligations in terms of consumer rights, intellectual property rights, and personal information protection, assume responsibility for product and service quality in accordance with the law, and strictly implement the responsibility for repairing, replacing and returning goods sold online. Guide and urge the operators of e-commerce platform to strengthen the qualification examination and publicity of the main information of the operators in the platform, implement the "notice-delete" obligation of intellectual property protection, and clearly mark the goods (services) ranked by bidding as "advertising" obligations; guide and urge the online catering service platform to strengthen the management of branches, agents and partners, take the initiative to submit to the regulatory authorities the data of the platform's online catering service providers and information such as platform branches, agents and partners, strengthen the management of the meal distribution process, gradually promote the sealing of take-out meals, and ensure that the food distribution process is not contaminated. Guide and urge distribution, postal, express and other enterprises to improve the real-name system, refuse to receive, send and deliver infringing and counterfeit goods, and provide support for law enforcement agencies to verify illegal and criminal clues. (The General Administration of Market Supervision, the Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Commerce, the General Administration of Customs, the Internet Information Office, and the Post Office cooperate according to the division of responsibilities)


3. relevant work requirements


(I) strengthen organizational support, solid deployment to promote. All localities and departments should implement the responsibility of territorial supervision, base on local reality, conscientiously make overall arrangements, and formulate practical and feasible specific implementation plans, so as to achieve practical results.


(II) improve the effectiveness of supervision, innovation network market supervision. All localities should give full play to the role of the joint meeting of network market supervision to form a regulatory force. Comprehensive use of administrative guidance, administrative interviews, administrative penalties and other means to urge e-commerce operators, especially platform operators, to fulfill their statutory responsibilities and obligations. Solidly promote the "double random, one open" supervision. Through the "Credit China" website and the national enterprise credit information publicity system, timely publicize the basic information of e-commerce operators and the regulatory and law enforcement information such as administrative licensing, administrative penalties, and random inspection results formed in the performance of various departments, and further strengthen inter-departmental coordination Supervision and joint punishment.


(III) enhance legal awareness and intensify the publicity of the E-Commerce Law. All localities and departments should carry out extensive publicity through various forms, organize seminars and interviews for e-commerce operators, issue consumption warnings, reminders and typical cases of violations, and create e-commerce participants to learn, know, abide by, and understand the law., A good atmosphere for usage, and multiple measures to do a good job in the publicity and implementation of the "E-Commerce Law.


All localities and departments should highlight the focus of work, strengthen source control, scientifically arrange work progress, and submit the system's special action summary report, special action statistics, typical cases (more than 5, with administrative penalty decisions attached), and joint law enforcement related materials to the higher authorities before December 12, and send a copy to the market supervision department at the same level. In case of major circumstances, please report to the local Party committee and government and the competent departments at higher levels in a timely manner.