浙江大学学报(人文社会科学版)
 
   2025年4月1日 星期二   首页 |  期刊介绍 |  编委会 |  投稿指南 |  信息服务 |  期刊订阅 |  联系我们 |  预印本过刊 |  浙江省高校学报研究会栏目 |  留言板 |  English Version
浙江大学学报(人文社会科学版)
栏目 最新目录| 下期目录| 过刊浏览| 高级检索 |
变革中的国际经贸规则与跨境电商立法的良性互动
赵骏 干燕嫣
Healthy Interactions between the Changing International Economic and Trade Rules and Cross-border E-commerce Legislation
Zhao jun Gan Yanyan

全文: PDF (1359 KB)   RICH HTML
输出: BibTeX | EndNote (RIS)      
摘要 

跨境电子商务是互联网时代国际经贸领域的新型业态,其快速发展在促进国际经济新增长的同时,也带来了一系列新挑战,使国际经贸规则呈现相应变革,各国亦纷纷立法对跨境电子商务予以规制。跨境电子商务全球性、跨国界的特征要求国内、国际相关规则的协调统一。为更好地促进我国跨境电子商务的有序发展,有必要采取相应措施进一步促进国际规则与国内立法间的良性互动:应积极参与双边、区域、多边谈判,根据国际规则及时调整国内跨境电子商务立法、司法、执法,促进国际、国内规则的统一;主动借鉴国际社会的立法经验及先进做法,完善国内跨境电商立法;并整合多样推力,通过渐进方式,不断将国内先进规则供给到国际社会。

服务
把本文推荐给朋友
加入我的书架
加入引用管理器
E-mail Alert
RSS
作者相关文章
赵骏 干燕嫣
Abstract

This article examines the interaction between the international economic & trade rules and the domestic cross-border e-commerce legislation; and proposes measures to promote the positive interaction between China's domestic legislation and international rules in the field of cross-border e-commerce, so as to better promote the orderly development of cross-border e-commerce. The first part of this article is the introduction of the international and domestic rules relative to the cross-border e-commerce. The article summarizes its changing trend, namely, that the domestic legislation tends to change from zero to one, from miscellaneous to united; whereas internationally, the e-commerce as a new issue has been incorporated into the international economic and trade rules. In addition, the new regional rules and the bilateral ones are far more comprehensive than the multilateral rules, serving as the foundation for the formation of the new multilateral e-commerce rules in the future, and as a good international background for the interaction between the domestic legislation and the international economic and trade rules. The second part of this article examines how the domestic legislation of e-commerce and the international economic and trade rules interact with each other. The article points out that the influences of the domestic legislation on the international rules of e-commerce include: laying the foundation for the formation of international rules of cross-border e-commerce; practically implementing and supplementing international rules; and promoting the further reform and improvement of international rules. This part also emphasizes the conditions under which the domestic rules can spread to the world: (1) the domestic rules need to be forward-looking; (2) the country has the capability of outputting the rules, namely, has the international influence and the discourse power of rulemaking; (3) the incentives such as being in line with the national interests, etc. The international economic and trade rules' impacts on the domestic legislation include: (1) domestic legislation will be restricted or limited by the signed or acceded international economic and trade agreements to a certain extent; (2) the international rules of cross-border e-commerce play an exemplary role and provide experience for the domestic legislation. The third part of this article puts forward some suggestions on how to promote the positive interactions between China's e-commerce legislation and international economic and trade rules. First of all, China should actively participate in bilateral, regional, and multilateral negotiations about economic and trade rules, and strive to better master the discourse power in the international economic and trade rulemaking, especially in cross-border e-commerce rulemaking. Second, China should, in a timely manner, adjust domestic legislation and pursue adjudication as well as implementation in accordance with the international rules, to promote the harmonization and unification of the international and domestic e-commerce rules. Third, China ought to strengthen the investigation and research on the domestic and international e-commerce rules, and actively absorb and learn from the international community's legislative experience and advanced practice according to the specific national conditions. Finally, it should integrate various push powers to strengthen the innovation research on the rules relating to the cross-border e-commerce. After forming a series of cross-border e-commerce rules which are relatively scientific and comprehensive, China could constantly supply more advanced model rules to the international community through a gradualist approach, namely, start from the bilateral level, and then spread to the regional as well as multilateral level. The main innovative part of this article is that it is based on the perspective of the rules' interaction, focusing on the cross-border e-commerce rules to explore the interaction between international economic and trade rules and domestic legislation. At present, the international and domestic societies are both constantly exploring and improving the relevant rules of cross-border e-commerce, the characteristics of which determine that the harmonization and interactions between those at international and domestic levels are very necessary. Therefore, this discussion is of great significance to both theory and practice.

    
引用本文:   
赵骏 干燕嫣. 变革中的国际经贸规则与跨境电商立法的良性互动[J]. 浙江大学学报(人文社会科学版), 2017, 3(6): 88-. Zhao jun Gan Yanyan. Healthy Interactions between the Changing International Economic and Trade Rules and Cross-border E-commerce Legislation. JOURNAL OF ZHEJIANG UNIVERSITY, 2017, 3(6): 88-.
链接本文:  
https://www.zjujournals.com/soc/CN/     或     https://www.zjujournals.com/soc/CN/Y2017/V3/I6/88
发表一流的成果,传播一流的发现,提供一流的新知

浙ICP备14002560号-5
版权所有 © 2009 浙江大学学报(人文社会科学版)    浙ICP备05074421号
地址:杭州市天目山路148号 邮编:310028 电话:0571-88273210 88925616 E-mail:zdxb_w@zju.edu.cn
本系统由北京玛格泰克科技发展有限公司设计开发  技术支持:support@magtech.com.cn