Mingze Wang
NEWProfile
Mingze Wang is a Chinese commercial lawyer practicing in Zhangzhou, Fujian Province, with a focus on e-commerce law and business contract disputes. She graduated from Xiamen University School of Law and joined the Fujian Bar in 2016. Attorney Wang has represented over 100 businesses in contract disputes and e-commerce compliance matters, and she contributes regularly to Fujian-based legal publications on digital commerce regulation. She is a member of the Fujian Bar Association's E-commerce and Technology Law Committee.
E-commerce in China is governed by the E-Commerce Law of the People's Republic of China, effective January 1, 2019, which established the first comprehensive legal framework for online commercial activities in China. The law applies to all e-commerce business operators, including platform operators, merchants on platforms, and self-operated e-commerce enterprises. Key requirements under the E-Commerce Law include: obtaining a business license and displaying it prominently on the platform, complying with consumer protection obligations including the right of withdrawal within seven days for most products, maintaining transaction records for at least three years, and ensuring the authenticity of product information and user reviews. Violations can result in fines of up to 2 million RMB and suspension of operations.
The E-Commerce Law also imposes significant obligations on platform operators. Platforms are required to verify the identity of merchants operating on their platforms, maintain records of merchant information, implement mechanisms to protect intellectual property rights, and prevent the sale of counterfeit or prohibited goods. Platforms that fail to take action against merchants engaged in IP infringement may be held jointly and severally liable with the infringing merchant. The law also prohibits platform operators from engaging in anti-competitive practices such as requiring merchants to choose only one platform exclusively, known as er xuan yi, unless the practice is otherwise justified under competition law.
For businesses in Zhangzhou and the broader Fujian region engaged in cross-border e-commerce, compliance with both Chinese e-commerce law and the regulations of the target market is essential. Zhangzhou, located in the southern part of Fujian, has developed a robust agricultural and food processing industry, with many local businesses exporting products through cross-border e-commerce platforms such as Alibaba.com and JD Worldwide. Cross-border e-commerce businesses must comply with China's customs declarations, product quality and safety standards, and intellectual property protection requirements for both imported and exported goods. The General Administration of Customs has established specialized cross-border e-commerce clearance procedures that streamline customs processing for eligible transactions, including simplified declaration procedures and consolidated customs clearance for low-value shipments.
Contract disputes in the e-commerce context present unique challenges under Chinese law. The determination of the place of contract formation, the applicable law for cross-border transactions, and the validity of electronic signatures are all governed by the Civil Code and the E-Commerce Law. Chinese courts have generally recognized electronic contracts as valid and enforceable, provided that the parties can be identified and the contract terms are accessible and retainable by the parties. The Electronic Signature Law of China provides that reliable electronic signatures have the same legal effect as handwritten signatures or seals. For dispute resolution, e-commerce contracts often include clauses specifying the competent court or arbitration institution, and parties should be aware that consumer protection rules may override contractual choice of law or forum provisions in certain circumstances.
Attorney Wang advises e-commerce businesses in Fujian to implement comprehensive compliance programs covering: product listing and advertising compliance under the E-Commerce Law and the Advertising Law, consumer dispute resolution procedures including the seven-day no-questions-asked return policy and its exceptions, data privacy and protection obligations under the Personal Information Protection Law, intellectual property clearance for products sold online, and contractual terms and conditions that are enforceable under Chinese law while complying with platform-specific requirements. Regular legal audits of e-commerce operations can identify compliance gaps before they result in regulatory action or consumer litigation.


