The Legal Protection of "Silk Road E-commerce": Challenges, Approaches, and Solutions

Abstract

The legal protection of "Silk Road E-commerce" faces challenges at both the institutional and governance levels. At the institutional level, the ambiguity of legislative content and the effectiveness of rules hinder the practical implementation of various regulations for "Silk Road E-commerce." At the governance level, the polarization of three factors—governance capacity among nations, resolution of judicial disputes, and regulatory philosophies—complicates international legal cooperation for "Silk Road E-commerce." The legal protection of "Silk Road E-commerce" should be centered on mutual trust and openness, with self-respect and confidence as its foundation, fostering mutual trust and inclusiveness among states, industries, and consumers.In light of this, China should prioritize soft law governance mechanisms at the institutional level, adopt a rational approach toward Western standards, and scientifically balance the scope of mutual trust and openness to enhance the effectiveness of soft law governance. At the governance level, there should be a consensus on consumers' disadvantaged position, with improved judicial rules to lower the barriers for consumers to defend their rights. Additionally, promoting industry self-regulation and loosening regulatory sandbox restrictions can enhance the vitality and international appeal of "Silk Road E-commerce," ultimately transforming it into a global public good serving the world.