关于我国《电子商务法》立法定位的思考与建议

Legislative Consideration of E- commerce Act of China

《电子商务法》已列入我国人大立法规划,然而关于该法的立法定位问题却引发了热烈的讨论。考虑立法定位问题,应当统筹立法背景与诉求、现有立法基础、国际立法经验等多方面因素,以科学立法为指导原则,构建协调统一的立法整体。本文对此提出了相关建议。

There has been a heated discussion on the legislative orientation and position of e-commerce act since this act was put on the china＇s congress legisla-tion agenda in 2013. To clarify the legislative orienta-tion and position of e-commerce act, the three main factors should be condisered as a whole such as the legislative backgroud and demand of this act, the relat-ed laws base, as well as the other countries＇ legislative experence on the area of e-commerce. The e-com-merce act should build a hamornious and unified leg-islative framework in the guide of the scientific legis-lation princinple. This paper has put forward some proposals on these main issues of the e-commerce act.