ALMAIDEA2017 - The e-commerce discipline in the context of the European Union and the People's Republic of China: a comparative analysis

The research project that is presented aims to analyze, from a comparative point of view, the legal framework of e-commerce in the European Union and that, currently under preparation, the People's Republic of China. E-commerce is an innovative subject from a legal point of view and a fundamental point of dialogue at international level between the European Union and China. The research will therefore be developed by examining, from the legal point of view, the European and Chinese regulatory framework in the field of e-commerce, and then proceed to a comparative analysis between the solutions adopted by the two systems. The analysis will also be aimed at verifying how and if the cooperation of the European Union has influenced the choices adopted by the Chinese legislator, thus developing an investigation linked to the study of the circulation of models and the dynamics of grafting external models into Chinese law.

The examination of the matter is very important in view of allowing a wider spread of electronic communication systems in national and international trade, allowing the development in a sector already in rapid growth. The European Union has shown itself to be particularly active in legislating on electronic commerce. In particular, reference can be made to the recent Regulation no. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market, which repeals Directive 1999/93/EC (hereinafter also referred to as the "e-IDAS Regulation").

In addition to the subject matter dealt with, the comparative study of the discipline being drawn up in China is expected to be an innovative activity also for the possibility of verifying whether and how the European legal model is establishing itself abroad. This is also due to the growing role of the European Union in terms of international cooperation in the legal field. In particular, already in 1975, the European Union and China consolidated their diplomatic relations, gradually expanding the areas of cooperation. This desire to deepen and strengthen the partnership between the European Union and China was reaffirmed in the EU-China 2020 Strategic Agenda for Cooperation, a joint declaration that today represents the common reference framework for EU-China cooperation. One of the objectives of the Strategic Agenda in the field of economic development is to create a network for the exchange of best practices in the field of e-commerce, particularly with regard to regulatory aspects. China itself has placed the development and promotion of e-commerce among its economic growth objectives in the 13th Five-Year Plan (2016-2020). Among the most important initiatives undertaken in the light of this objective is precisely the bill that will be the subject of analysis, published by the Chinese government in December 2016. The bill was preceded by a significant policy activity on ecommerce carried out by the European Union (in particular through the IP Key, a project funded by the European Union and aimed at developing cooperation between the EU and China in the field of intellectual property) in agreement with the Chinese Ministry of Commerce.

Scientific production

• projects with other research institutes and departments, to investigate interdisciplinary projects on a large scale related to the approach;
• formation of interdisciplinary research teams through relations formalized in framework agreements in order to propose broad and complex readings of phenomena;
• electronic media, publications and conference organizations as a forum for discussion and debate on the issues.