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网络已成为商品交易及服务提供的重要平台,但工商部门对网络交易的执法检查明显滞后。本文首先对网络交易主体的现状进行了分析,并结合实际工作,指出目前工商部门在对网络交易执法检查中面临的诸如主体认定模糊不清、主体的管辖权难以确定、调查手段存在多种不足与限制等问题。最后针对上述问题,提出了三条对策:一是对“网络交易”、“经营性”等主体认定条件予以明确;二是对管辖权的指定提出设想;三是对丰富执法手段的几种途径进行了探索。
The Internet has become an important platform for the trading of goods and services. However, the inspection of law enforcement by the business sector against Internet transactions lags far behind. This article first analyzes the status quo of the main body of online transactions, and points out the current industry and commerce departments in the network of law enforcement inspection faces such as the subject identified vague, the subject’s jurisdiction is difficult to determine the means of investigation there are many deficiencies And restrictions and other issues. In the end, three countermeasures are put forward according to the above problems: one is to define the conditions for the recognition of subjects such as “network transaction ” and “operation ”; the second is to propose the designation of jurisdiction; the third is to enrich the law enforcement means Several ways have been explored.