E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and commun...E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and communication technologies(ICTs).Brazil,Russia,India,China and South Africa(BRICS),together with many others,consider e-commerce a means to facilitate rapid,inclusive and sustainable economic growth,improving the living standards and alleviating poverty.This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty.It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries,including cases of public and private initiatives to support it.The article also defines the opportunities which e-commerce brings to people living in rural and remote areas.Moreover,it evaluates the existing challenges and risks.The article concludes that despite the rapid e-commerce development in BRICS countries,and significant opportunities created,there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere.Based on a comparative and normative in-depth,systematic analysis,the article develops a set of recommendations for deepening BRICS countries'cooperation in the following areas:infrastructure in rural and remote regions;education;consumer protection;online dispute resolution;coordinated policy in the international scene,including representation of BRICS countries in international indexes,such as the Organization of Economic Co-operation and Development(OECD)Digital Services Trade Restrictiveness Index(STRI).展开更多
As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to fa...As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.展开更多
cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations o...cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.展开更多
文摘E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and communication technologies(ICTs).Brazil,Russia,India,China and South Africa(BRICS),together with many others,consider e-commerce a means to facilitate rapid,inclusive and sustainable economic growth,improving the living standards and alleviating poverty.This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty.It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries,including cases of public and private initiatives to support it.The article also defines the opportunities which e-commerce brings to people living in rural and remote areas.Moreover,it evaluates the existing challenges and risks.The article concludes that despite the rapid e-commerce development in BRICS countries,and significant opportunities created,there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere.Based on a comparative and normative in-depth,systematic analysis,the article develops a set of recommendations for deepening BRICS countries'cooperation in the following areas:infrastructure in rural and remote regions;education;consumer protection;online dispute resolution;coordinated policy in the international scene,including representation of BRICS countries in international indexes,such as the Organization of Economic Co-operation and Development(OECD)Digital Services Trade Restrictiveness Index(STRI).
基金funded by a soft science research project of Sichuan titled“Study of Legal Regulation of ODR for CBEC between the B&R Countries”(2020JDR0304).
文摘As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.
基金Project of Scientific Research Fund of Renmin University of China(2015030030)supported by the Fundamental Research Funds for the Central Universities.
文摘cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.