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规范网络交易平台向经营者收取佣金等行为(政策解读)
Ren Min Ri Bao· 2025-05-25 21:39
Core Viewpoint - The release of the "Guidelines for Compliance of Platform Charging Behavior (Draft for Comments)" aims to regulate the charging practices of platform enterprises, ensuring fairness, legality, and transparency in their fee structures [1][5]. Summary by Sections Reason for Establishing Guidelines - The rapid development of the platform economy in China involves millions of online operators and over 900 million consumers, making the healthy development of this sector crucial for overall economic prosperity. Issues such as complex fee structures and lack of transparency have been identified, necessitating the creation of these guidelines to enhance compliance and risk management [1]. Requirements for Compliance System - Platforms are required to implement a compliance management system that includes: 1. Establishing a compliance management organization and appointing personnel [2]. 2. Converting relevant laws and regulations into internal compliance systems with a dynamic update mechanism [2]. 3. Creating a mechanism for identifying and assessing unreasonable charging risks [2]. 4. Strengthening pre-approval mechanisms for changes in charging rules [2]. 5. Establishing training mechanisms to enhance compliance awareness among staff [2]. 6. Fostering a culture of compliance within the organization [2]. Transparency in Charging - Platforms must publicly disclose their charging rules, including: 1. Clear presentation of charging items and standards on the homepage [3]. 2. A requirement to solicit public opinion for any modifications to charging rules, with a minimum feedback period of seven days [3]. 3. Maintaining historical versions of charging rules for at least three years [3]. Prohibited Unreasonable Charges - The guidelines specify that platforms cannot impose certain unreasonable fees, including: 1. Duplicate charges or charges without corresponding services [3]. 2. Transferring costs that should be borne by the platform to operators [3]. 3. Forcing operators to purchase services or participate in promotions [3]. 4. Price discrimination among operators under similar conditions [3]. Positive Impact on Platform Economy - The introduction of these guidelines signifies an improvement in the regulatory framework for the platform economy, promoting self-regulation among enterprises and enhancing the protection of operators' rights. The guidelines encourage platforms to reduce operational burdens and ensure timely feedback on charging issues, fostering a harmonious ecosystem between platforms and operators [4][5].
市场监管总局拟规范平台收费行为
Zhong Guo Zheng Quan Bao· 2025-05-25 21:08
Core Viewpoint - The introduction of the "Guidelines for Compliance of Charging Behavior on Online Trading Platforms" aims to standardize the fees charged by platforms to their operators, ensuring their legal rights and promoting healthy development of the platform economy [1][5]. Summary by Sections Principles of Platform Charging - Charging by platforms should adhere to principles of fairness, legality, and good faith, considering service agreements, transaction rules, and the operating conditions of platform operators [2]. Reducing Burdens on Operators - Platforms are encouraged to adopt flexible pricing strategies within legal and reasonable limits, particularly providing discounts or exemptions to small and medium-sized merchants to alleviate their operational burdens [2][5]. Strengthening Compliance and Self-Regulation - Platforms are required to implement compliance management responsibilities, establish compliance management organizations, and enhance their ability to identify and prevent unreasonable charging risks [2][4]. Standardizing Charging Behavior - The guidelines specify that platforms must set reasonable charging standards, improve charging rules, and ensure transparency in fees, while also prohibiting eight types of unreasonable charging behaviors [2][3]. Enhancing Supervision and Implementation - Platforms must actively respond to operators' concerns regarding fees, cooperate with supervision, and strengthen industry self-regulation to ensure fair market competition [2][3]. Risk Assessment Mechanism - Platforms should establish mechanisms to identify and assess risks associated with unreasonable charging behaviors, utilizing data technology for effective monitoring [3][4]. Improvement of Regulatory Framework - The introduction of the guidelines signifies further enhancement of the regulatory framework for platform economies, addressing issues of transparency and fairness in charging practices [5].