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电子商务的兴起正在倒逼我国法律制度的完善与重构,当前电子商务视域下法律制度建设存在覆盖范围不全面,立法层次较低,行业规范不统一,法律制度操作性差的种种问题,成为电子商务进一步扩大化发展的瓶颈因素。究其原因,既有电子商务更新快与法制建设周期长差异化的客观因素,也有法制建设缺乏统一规划,市场导向机制不健全,行业协会无作为等主观因素。对此,要结合电子商务技术规范,以市场发展需求为导向,构建开明的法制建设环境,同时促进行业协会的职能发挥,进而推动电子商务领域法律制度的构建与完善。
The rise of e-commerce is forcing China’s legal system to be perfected and reconstructed. At present, there are many problems in the construction of legal system such as incomplete coverage, low level of legislation, non-uniform industry norms, poor operation of the legal system, E-commerce to further expand the bottleneck of the development of factors. The reasons are not only the objective factors such as the rapid updating of e-commerce and the long period of legal system construction, but also the lack of uniform planning for the legal system, the imperfect market-oriented mechanism and the non-performing trade association. In this regard, we should combine the technical specifications of e-commerce with the guidance of market development to establish an enlightened legal construction environment and at the same time promote the functions of trade associations to play an active role in building and perfecting the legal system in the field of e-commerce.