The rise of commerce in China
(1) E-commerce applications are highly popular, Normalization trend
(2) E-commerce is gradually expanding and upgrading to electronic services
(3) Enterprise E-commerce applications are showing the whole process of industrial chain and supply chain
(4) Mobile E-commerce has become a new driving force for the development of E-commerce
(5) The original "oligopoly" pattern is gradually replaced by "diversified" competitive markets
(6) B2C replaces C2C. Rise, showing the trend of coexistence and development of various modes
(8) The e-commerce platform and search engine platform are in the trend of integration
(9) The security, integrity and legislation of e-commerce are gradually improved
(11) The local e-commerce camp is gradually emerging. The national e-commerce industry has a long way to go
(11) The application of the third-party electronic payment industry and e-commerce platform is accelerating
(12) The online e-commerce platform and the offline entity platform are merging
The change of the current commodity trading mode
The most remarkable theory in this science is Engel's law of consumer expenditure change, which essentially points out the change pattern of consumption.
Food belongs to the most basic needs of people's survival. If you don't even have enough to eat, it's hard to imagine that a person will have other consumption extravagant hopes. The high proportion of food in the income and expenditure of poor families is not because the poor have a bigger stomach than the rich, but because their income has been so thin that it is difficult to make ends meet. The poorer a country is, the greater the proportion of national disposable income spent on food, and the proportion will decrease with the increase of wealth. As a kind of social commodity, food belongs to the most basic and necessary material consumer goods in daily life. But the production and consumption of social products do not only refer to food. Otherwise, the evolution of human society follows the simple logic of "sheep eat grass". I remember someone severely criticized that some people in the society always ignored the improvement of living standards. They "picked up the bowl to eat meat and put down chopsticks to curse their mother", that is, they were always in an unsatisfied psychological state. Perhaps there is some truth in this statement, but on the other hand, when making such a description, do you compare the masses to an animal whose greatest satisfaction is only "eating"?
one of the important characteristics that distinguishes modern human society from primitive animal society is that with the development of society, the proportion of material consumption in the total consumption expenditure of society is getting smaller and smaller, while the consumption of other types of social products is getting higher and higher, which is the application of Engel's law in the consumption structure of social goods.
The same principle can be applied to analyzing the legal system of a country or society. It is often heard that people evaluate the advanced or backward legal system, but what is the specific measure?
as a social product, one of the basic functions of the legal system is to adjust (establish, maintain and remedy) the right relationship. There are various types of rights, such as the right to life, property rights, reproductive rights, labor rights, education rights, privacy rights, the right to vote and be elected, the right to association and so on. In fact, these rights can also be divided into different levels, such as those basic "security rights" that are directly related to the survival or reproduction of life, such as the right to food, the right to survival, the right to childbirth, and other "improvement rights" that are based on the basic "security rights" but aim at further optimizing life or quality of life, such as the right to education, privacy, patent rights, and the right to association.
according to the general logic, people can only continue to pursue and try to realize the next step of improving rights when they have obtained the basic security rights. In other words, serfs are mercilessly deprived of their basic right to exist, so it becomes nonsense to realize other rights. In this sense, Engel's law reveals a basic and universal principle of social evolution: the degree of social evolution is bound to be related to the proportional relationship between the basic rights enjoyed by the people and other rights.
Theoretically, the realization of rights depends on the transition between rights or the upgrading of rights, and the establishment and exercise of one right cannot be separated from the foundation of other rights, just as improving rights are usually based on security rights rather than outside. For example, the urban household registration management system, which has been widely implemented in China for a long time, may belong to the legitimate public law rights of the government from the aspects of public security management and maintaining urban economic order, but from the perspective of equal employment and survival, is it suspected that it deprives farmers of their basic private law rights? Coincidentally, just a few years ago, people in the lower reaches of the Yangtze River often suffered from floods, and they were indignant and criticized for cutting down forests and destroying the ecology of some people in the upper reaches. Did anyone consider that if they did not find other ways to live for these people, indiscriminate logging would be tantamount to directly depriving those people who have long regarded forest resources as their only livelihood of their basic right to survival? In recent years, the state's transfer payments and grants for "returning farmland to forests" in some upstream areas can be regarded as policy recognition of the basic rights of people in the upstream areas and economic compensation or relief when some of their rights are lost or restricted.
in this sense, whether it is between public rights and private rights, between indemnificatory rights themselves, or between indemnificatory rights and improving rights, it is not only a simple "substitution relationship", on the contrary, they belong to a complex "transaction relationship". The scarcity of resources often forces people to make difficult and even painful choices between different rights, the order and adequacy of the realization of various rights. But in any case, the law can never ignore the basic rights of one group and only realize the special rights of another group. This is not the fault of rights, but the fault of choice. It should be pointed out that the main purpose of the author's application of Engel's law to explain the legal system is not only to pursue originality in legal analysis methods. On the contrary, the author tries to understand the basic trend of legal evolution in the world more rationally and accurately. Just as the proportion of subsistence consumption expenditure (such as food) in the total consumption expenditure can explain the degree of wealth of a family, the structural relationship between basic rights and derivative rights can in turn prove the advanced degree of a country's legal system, that is, in the overall legal structure, the greater the proportion of laws aimed at establishing and maintaining quality improvement rights, the higher the overall level of the legal system. China is a developing country. From the perspective of the right structure, the word "developing" includes both the concept of economic growth and the concept of legal system, while "developing" at least includes the following meanings for the latter:
(1) The basic security right structure itself is still very lacking;
(2) the proportion of improving rights in the whole structural relationship is lower;
(3) China's legal system is far from modernization and rationalization, and still belongs to a relatively backward system.
Therefore, the economic development must keep pace with the reform of the legal system.
the principle of Engel's law is of great significance to law. Law should pay attention not only to public rights but also to private rights, not only to basic security rights, but also to many extended or derived improvement rights, which constitute the sum of people's "due rights". However, the transformation from "due rights" to "real rights" and "realizing rights" can not be separated from "legal rights", "rights protection" and "rights relief". Therefore, the law should not only establish, safeguard and remedy people's basic rights, but also constantly discover, establish, safeguard and remedy those rights that multiply or derive from basic rights. With the further development of society, the overall structure and quality level of legal structure will continue to improve and the system of the whole society can be optimized in turn. In this sense, the law should improve and straighten out the relationship between basic rights and the relationship between basic rights and improving rights, and on this basis, it should continue to improve and straighten out the extended or derivative rights between man and society, man and nature, contemporary society and future society. Only in this way can the development of legal system keep pace with the development of rights
Conditions for emergence and development
People-oriented e-commerce is the future development direction of e-commerce in China. This is mainly manifested in three aspects: First, people-oriented is the objective requirement of China's economic development for e-commerce. China is in the process of modernization in which informationization drives industrialization, industrialization promotes informationization, and takes a new road of industrialization. The traditional industrialized mode of production based on the huge consumption of material resources is unsustainable. In order to further develop, it is required to take a development path of "high technology content, good economic benefits, low resource consumption, less environmental pollution and full play of human resources" under the guidance of the scientific development concept. People-oriented e-commerce is in line with this development direction. At present, the impact of e-commerce on China depends largely on how much it can do to solve the urgent problems in the national economy. Among them, it is an important aspect to improve the employment of workers through e-commerce and improve the quality of workers through e-commerce training. 1. E-commerce is of strategic significance for solving the employment problem. At present, e-commerce websites have provided 321,111 jobs for China, including 1 million jobs provided by enterprise websites, and the third-party logistics and distribution industry will also bring tens of millions of jobs. China's annual labor employment gap is around 134 million. If e-commerce is done well, a large part of the employment problem can be solved at once. According to the statistics of CNNIC in 2114, the total number of websites in China is 595,611. Among all kinds of websites, the number of corporate websites is the largest, accounting for 71.9% of the whole website, that is, about 421,111, which directly absorbs about 1 million people's employment. Followed by commercial websites, accounting for 8.2%. There are about 48,811 websites specializing in e-commerce activities, with more than 11 full-time employees, accounting for more than 41%, and about 211,111 people are employed. The total number of e-commerce websites is about 321,111. If we consider e-commerce outside the website and indirect driving factors, the number of e-commerce employment will be even higher. For example, the third-party logistics and distribution industry has brought tens of millions of employment opportunities, forming emerging positions such as e-commerce division and network marketing. Employment information websites and a large number of talent supply and demand channels are providing more matching opportunities for both supply and demand sides, reducing frictional unemployment and promoting a more rational allocation of talent resources. 2. Improving the information quality of workers through vocational and skill training and adjusting the employment structure are related to China's future strategic competitiveness. According to statistics, 95% of the 65 million employment opportunities added by OECD countries in recent years are related to the information and knowledge industries. E-commerce can change the structure of labor force and increase the information and knowledge components in labor elements. The same employment, high-quality employment of 11 million, and low-quality employment of 11 million, is the same from the point of looking for a job, but there is a world of difference from the perspective of national competitiveness. It's quite different whether we position our future national competitive advantage on cheap labor or human capital. Countries and regions that take the lead in adjustment can make the labor force enter the high-quality employment field with high demand from the low-quality employment field with low demand; Countries and regions that are lagging behind in adjustment will make the labor force more crowded into areas with reduced demand from areas with original demand. Therefore, the key to the problem is to seize the opportunity of structural adjustment, improve the quality of workers, seize the opportunity of employment adjustment and improve people's living standards through information training compared with other countries and regions. Since 2112, the state has implemented the Plan of Strengthening Vocational Training to Improve Employability and the National Training Project for High-skilled Talents, and launched the Training Plan of 511,111 New Technicians in Three Years, which has launched a wide-ranging skill revitalization campaign in the whole society, accelerated the training of a large number of skilled workers, especially senior skilled personnel, and improved the employability, work ability and career change ability of all workers. Focus on the training of new technologies, new materials, new processes and new equipment, and cultivate a group of technical and compound skilled talents urgently needed by enterprises and knowledge and skilled talents needed by high-tech development. In 2113, among the employees of enterprises in China, 34 million people received various job skills training that year. It is an effective way to select knowledge-based and compound high-skilled talents through vocational skill competition. Commend the winners who passed the vocational skills competition, interview, report and publicize the emerging high-skilled talents, so that the whole society can pay attention to the construction of high-skilled talents; It is necessary to establish the development mechanism of high-skilled talents and do a good job in launching, supervising, summarizing and improving the construction of high-skilled talents. Activities such as e-commerce competition can popularize e-commerce professional skills, technological achievements and application experience, improve the employability of workers, be close to the actual production of enterprises, promote the employment of e-commerce professionals and the orderly flow of talents, and make the public, especially the traditional business operators, know how to carry out e-commerce implementation (for example, What kind of professional posts should be set up and what kind of personnel should be selected to engage in these positions in e-commerce planning and design, development and construction, maintenance and management during e-commerce business operation, etc.), so that talents who have studied e-commerce or received professional training and appraisal of e-commerce teachers can find an accurate position in the enterprise. Second, people-oriented is the development requirement of e-commerce enterprises themselves, the direction of the third-generation e-commerce model, and the people-oriented concept is no stranger to IT. "HighTech,HighTouch" is a prediction made by an internationally renowned futurist fifteen years ago. High-tech companies such as Nokia have achieved great success with this concept. Observing the development trend of e-commerce, we can find that in the first generation of e-commerce, people's understanding of e-commerce focused more on its technical characteristics, focusing on "electronics", emphasizing the particularity of website e-commerce and virtual business forms, and emphasizing the provision of online products. After adjustment since 2111, the mode of the second generation of e-commerce began to return to traditional business and offline business, emphasizing the pragmatic and rational side of business and service. However, no matter whether it emphasizes electronics or business, it is ultimately inseparable from people themselves and from improving customer satisfaction. So recently, the leaders of the third generation of e-commerce are emphasizing business experience more and more, hoping to re-understand e-commerce from the height of "customer-centered". For example, Hewlett-Packard's total customer experience and IBM's on-demand response all emphasize people-centered e-commerce. From a business point of view, we see a strange phenomenon. On the one hand, there is fierce competition among businesses; on the other hand, users still feel dissatisfied. Explain that the business is not arguing for ideas, and the problem lies in the lack of people-oriented. Let's analyze the user's satisfaction with Internet services in the following table: Here,