1. Shandong University of Finance and Economics, China
Study on the Construction and Countermeasure of Cross-border E-commerce Rules
Bai Jie
Shandong University of Finance and Economics, China

2. 1. Background and significance of research
2. Current status and trends of research
3. Evolution and review of cross-border electronic
commerce rules
4. The difficulties which China have faced with
5. China's countermeasures

3. 1. Background and significance of research
China's total e-commerce transactions（trillion yuan）
year
value of total e-commerce transactions
growth rate
2011
6.09 --
2012
8.11
33.2%
2013
10.40
28.2%
2014
16.39
57.6%
2015
21.79
32.9%
2016
26.10
19.8%
2017
29.16
11.7%
Source: National Bureau of Statistics of China

4. ratio of e-commerce retail sales to total
Global retail and e-commerce related data
and forecast （trillion dollars）
year
total
retail sales
growth
rate
e-commerce
ratio of e-commerce retail sales to total
2016
21.396
5.2%
1.845
25.6%
8.6%
2017
22.640
5.8%
2.304
24.8%
10.2%
2018e
23.946
2.842
23.3%
11.9%
2019e
25.271
5.5%
3.453
21.5%
13.7%
2020e
26.610
5.3%
4.135
19.8%
15.5%
2021e
27.920
4.9%
4.878
18.0%
17.5%
Source：eMarketer, e is the predicted value

5. The booming cross-border e-business has become the new engine of foreign trade growth. The new business mode of cross-border electronic commerce puts forward new challenges to the traditional trade rules. But the rules and systems of cross-border electronic commerce still lags far behind the booming development of cross-border e-commerce.

6. 2. Current status and trends of research
There are currently 1392 papers on the research of cross-border electronic commerce in China. According to the relevant literature, the research mainly starts from the following aspects: (1) Research on the influence of cross-border electronic commerce on traditional trade. (2) Analysis on the current situation of cross-border electronic commerce. (3) Research on supporting policies and rules of cross-border electronic commerce.

7. comments: Through the carding of the above literature, we know that scholars pay more attention to practice and policy compared to theory and rules.

8. 3. Evolution and comparison of cross-border e-commerce rules
the evolution of e-commerce rules
Agreement
Date
Rules
Declaration on Global Electronic Commerce
1998
The electronic transmission is exempt from customs duties at the first time.(At the Bali conference in 2013 and the Nairobi Conference in 2015, the WTO decided to extend the resolution on exemption of electronic transmission products to 2017.
United States-Jordan Preferential Trade Agreement
2001
First appeared in the form of "electronic commerce" chapter, forming the embryonic form of digital trade trading rules.
TPP
2015
The relevant rules are perfected and refined.
CPTPP
2018
TISA
Has not yet
reached

9. Non-Discriminatory Treatment of Digital Products
Agreement
clause
TPP
WTO
TISA
U.S.-Korea
FTA
China-Australia FTA
China-Korea FTA
Customs Duties
Mandatory
Non-Discriminatory Treatment of Digital Products
Domestic Electronic Transactions Framework 
Electronic Authentication and Electronic Signatures
Online Consumer Protection
Non-mandatory
Non-
mandatory
Personal Information Protection
Paperless Trading
Principles on Access to and Use of the Internet for Electronic Commerce
Cross-Border Transfer of Information by Electronic Means
Internet Interconnection Charge Sharing
Location of Computing Facilities
Unsolicited Commercial Electronic Messages
Cooperation
Cooperation on Cybersecurity Matters
Source Code
Dispute Settlement

10. 4.The difficulties which China have faced with
In terms of rule-making, there is still a big gap in cross-border e-commerce rules between China and developed countries, which challenges China's acceptance of existing rules. However, in terms of single clause analysis, China's acceptance range is different, the following table gives specific details:

11. Difficulty or facility of Acceptance
Rules
More difficult to accept
Open Networks, Network Access and Use, Source Code, Personal Information Protection, Unsolicited Commercial Electronic Messages, Localization of Computing Facilities
Less difficult to accept
Cross-Border Information Flows, Electronic Authentication and Electronic Signatures
Basically acceptable
International Cooperation
Customs Duties on Electronic Transmissions, Online Consumer Protection

12. (1) More difficult to accept
open networks, internet access and use: For political and security reasons, China has blocked many foreign websites, such as Google, Twitter, YouTube, Facebook and so on, so the "Open Networks, Internet Access and Use" clause is more difficult to accept in China. source code:The "source code" clause requires the participating countries not to force foreign business software providers to hand over the source code, while China enacted a regulation in January 2015 that requires the company to hand over the source code of the software and to embed a "backdoor" program in the software and hardware.

13. Personal information Protection, Unsolicited Commercial Electronic Messages: belongs to the network privacy protection clause, in terms of personal information protection, China is far behind international requirements and difficult to accept the rules. Localization of computing facilities: requires that the data center of a digital service provider must be local and restricted from outward transmission, and China requires foreign companies to keep Chinese user’s data on servers in China. Companies such as Google, Microsoft and Yahoo have been forced to abandon the Chinese market or be criticized by the Chinese government for refusing to set up data centers in China or to refuse to provide user data to the Chinese government.

14. (2) less difficult to accept
Electronic Authentication and Electronic Signatures:The electronic signature law of the People's Republic of China, adopted in 2004, establishes the legal effect of electronic signature, regulates the behavior of electronic signature, and clarifies the legal status and certification procedure of the certification body, but the law still takes the security of transaction as the most important consideration and there is a certain gap. Therefore, the " Electronic Authentication and Electronic Signatures " clauses are less difficult to accept in China.

15. (3) Basically acceptable
international cooperation: China has actively launched international cooperation in certain Internet-related areas. online consumer protection: the new version of the Consumer Rights Protection Act adds a special provision for online consumer protection based on the comprehensive safeguarding of consumer rights and interests. Therefore, it is not difficult for China to accept the above clauses.

16. 5. China's countermeasures under the new rules of cross-border electronic commerce.
(1) China should actively participate in the construction of cross- border e-commerce rules. China's e-commerce has developed rapidly. In the process of development, we have encountered many unprecedented problems, which have posed challenges to the traditional international trade model and formed a realistic source of constructing and improving cross-border e-commerce rules. Therefore, it is an important test and opportunity for China to participate in the construction of international trade rules.

17. (2)Opening up to the outside world, such as open networks, network access and use, source code, personal information protection, unsolicited commercial electronic messages, localization of computing facilities. However, we should pay attention to the balance of benefit and security in the process of openness. (3)Strengthening the construction of post-border rules. Because cross-border e-commerce has a high demand for post-border rules. Such as taxation, intellectual property, information technology, dispute settlement mechanisms and other aspects. To meet the challenge of new rules for cross-border e-commerce, China must strengthen the construction of post-border rules.

18. Thank you!