|
3.1 From Government to Law
For some reasons, it is obvious that Chinese prefer to seek the help from government instead of law, if there is some difficulty or disagreement to face. The government, therefore, plays an important role, if it is not the most important, even in the economic area. However government and law fulfill the different kind power in the social life, which are monitored and promoted by each other indeed. If one of these parties can achieve an extract function, which is previously empowered to the other, it may cause the expansion of the power and actually damage the intention of surveillance. On the other hand the methods, by which government fulfills its power, are usually flexible and unstable, although it is not always shortcoming in fact. Whilst in the legal view must ….(需要证据). For instance if government official always interfere the E-commerce without strict legal procedure and substantive law the consistency is impossible to be ensured, particularly from foreign investors’ view. Consequently it is acceptable to legislate applicable law to regulate the E-commerce replacing the administered action.
3.2 Insist Chinese Characteristics
When we think about Chinese future E-commerce regulation there may come heaps of suggestion, some of them are extremely workable. It is suggested that since the United States, the leading country in promoting E-commerce presently, has issued many regulations about E-commerce China, who wants to catch up with the development, can copy these regulations with a little amendment. Furthermore it is emphasized that in cyberspace uniformity is much important, both technology and regulation, which may transform our experience of geographic space by the information revolution. Whilst there is still much difference existing in different countries such as different level of economy, culture, and social structure, it seems impossible to regulate their own E-commerce through the same way, although it has been worldwide. The reason is the culture always regulates the regulations. It is easy to understand, for example, if we want to understand makes a clock tick we cannot do so by just looking at the hands, but need to get inside to examine. “The notion of culture as a regulator of institutions is far from new. Mary Douglas (1985:3) has written of culture as a general regulatory mechanism for human behaviors.” So culture, in the same way, may influence the decision or method of local people to solve problems through their traditional and acceptable way. After the Second World War Japan attempted to copy the American law directly to enforce in its territory but the consequence is disappointed that Japanese often seek to solve problem in their own mode. In turn to Chinese Internet regulation, the new regulations will become such kind of ornaments if the government just follows the existing rules aimlessly.
|
