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电子邮件的不安全性
2.4 Recapitulative Regulations on E-commerce
Another negative comment about Chinese Internet regulations, as mentioned above, is vague for there are just a few regulations legislated specially for this area. Although vagueness of regulations is little good in commonsense, when the focus is limited on the new developing sector, its disadvantages are normally outweighed by many advantages, especially in China currently. With respect to this question we have to approach some basic legal theory combined with Chinese ongoing situation, meanwhile. As we all know, law is always far behind from actuality, especially when we try to regulate a new developing region such as E-commerce. It is admitted that the first Chinese E-mail sent by Qian Tianbai in 20 September 1987 and it was connected to the Internet first time in 1994. Amazedly, from then on, just nine years, the information technology is advancing in an incredible speed, On average over 100 websites came into being in the first seven months last year and now it is mostly discussing about wireless transfer. In this circumstance it is no possible to legislate many specific regulations to rule the current E-commerce, if good consequence is required. Moreover it is not a right point to let E-commerce go hang with little control. Hence Chinese government has issued some recapitulative regulations(需要例子) on E-commerce, as mentioned above. Because of these recapitulative regulations justices have自由裁量权 to adapt the changing situation, then the regulations can remain their force without leaving it blank. Although the level of Chinese justices is suspected, that is whether they can cite these recapitulative regulations successfully; it is not the fault of the law itself. In addition, the level of Chinese current justices is being improved step by step, for instance there has been a national uniform test to prove the diathesis of those candidates since 2001, which percentage of pass is only 6.8%, if it is not lower than it. In a word, by a developing view, Chinese current Internet policy is relatively applied in this complicated situation.
3. Suggestion about Chinese E-commerce Regulations
Although Chinese current E-commerce regulations are compatible by comparison they still have some aspects, which need to be improved. Before any exploration, suggestion about new regulations, has been made it is necessary to define which distinction is most considered. Then it is reported, “The distinction between applicability and enforceability is fundamental to the future development of Internet law. It is a comparatively easy task for a legislator to draft a law which applies to a particular activity undertaken via the Internet, but much more difficult to frame the law.”
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