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Health care massage O2O industry must standardize management

2017年04月05日

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Health care massage O2O industry must standardize management

Time: 2017-04-05

Source: China's traditional Chinese medicine

Author: Deng Yong Beijing university of Chinese medicine school of law

 

The le Master of law from east China university of political science and law institute

Guide language: the O2O is combines offline business opportunities and the Internet, the Internet become offline trading platform. In recent years, more and more health care massage industry through the Internet platform development, health care massage O2O industry become a new medical industry pattern. However, at the same time in the prosperity and development of the new industry problems also nots allow to ignore, this article from the legal Angle, analyze the existing problems in the health care massage O2O industry and proposes the corresponding solution measures.

\"Internet + big health\" era background, policy support and so on makes health-care massage new O2O industry namely hot, mark has become a new round of medical investment hot spots, but the brutal behind growth also gestates tremendous legal risk. Meituan suggestive, platform, data to do false after a spate of incidents occurred, such as how to legal regulation in the health care massage O2O industry priority.

New industry exists chaos

Medical massage can be with the help of the technique in human body parts, and regulate the body's physiological and pathological conditions. About 76% of white-collar workers in China under the background of the sub-health, should be in full development, but is limited by long time consuming, charging higher factors, traditional massage medical difficult to open markets. Can be combined in 020 to run mode, and these limitations becomes a advantage. Service businesses through APP platform for propaganda, such as ZengLi, and the user can through the APP, an appointment time. Thus, health care massage O2O industry rapid development now.

What's behind but also keeps the legal risks. Now appear to care for, the private do prostitution illegal phenomenon.

In Beijing, for example, since the \"peace initiative\" to carry out, Beijing police have replaced hundreds of engaged in the network in the name of \"keeping in good health, massage\" wade Huang Tuanhuo tactics. Besides the shopkeeper \"hang sheep head sell vinegar\", some platforms have hard Shouting, to this kind of illegal phenomenon. XX network with a can't identify the basis of information first let's partial businessman alluding to provide erotic services through words.

In addition, door to door service or produce technicians, the user's personal and property safety hazards. Criminals posing as technicians, complicity others robbery, fraud, female technician repeatedly events such as sexual abuse by the client. In addition, the owner earnings fraud, information asymmetry problem such as technician qualification fraud also makes investors, such as the right to know of consumer rights have been infringed.

Chaos reflects the legal issues

Health care massage O2O industry has many legal risks, the corresponding legislation for its root causes.

On the one hand, points to the essence, hua tuo girl massage shops online is emerging Internet enterprise, the regulation of enterprises on the Internet in China in the legislative vacuum state. Internet legislation in our country is only \"electronic signature law\" and the standing committee of the National People's Congress two Internet security decisions and less than 10 administrative rules and regulations, and has not yet launched citizens' personal information protection legislation, make flat island's proliferation promotion, leaking, and even selling consumer information led to a series of deception, fraud can be seen everywhere.

On the other hand, the existing health care massage O2O industry part substantive provisions conflict, does not have operability. As stipulated in article 36 of the tort liability act haven principle and the \"consumer rights and interests protects a law\" in paragraph 2 of article 44 online trading platform of joint and several liability has great discrepancy. \"Anti-monopoly law\" and \"anti-unfair competition law\" provision of the subsidies behavior illegality. In addition, the ministry of commerce \"electronic commerce pattern specification\", \"network shopping service specification\" and industry ministry of telecommunications and information services business license, as well as the people's bank of China, the China banking regulatory commission on online payment of the measures for the administration of the payment and settlement organizations such as the existing laws and regulations are not enough detailed.

Could not be in accordance with the difficult or just in accordance with the legislation present situation and make the health care massage O2O industry regulation is poor.

First of all, I don't know \"who to tube\". In addition to the lack of legal basis I don't know who should be regulated, service tax, Chinese medicine keeping in good health health care massage O2O industry report, the illegal management behavior should be in accordance with the law by the department of industrial and commercial administration, state administration of traditional Chinese medicine, the public security administrative units such as regulated respectively, but contain water, Kowloon chaos lead to ignore the part of the relevant administrative department of unscrupulous operators have a chink in the wall.

Second, the regulatory content is unknown. Online health care massage massage shops, network platform, technicians, investors, and other regulatory object, regulators often do not know who \"the tube\". And in addition to massage technician qualification review, setting shops O2O qualification admittance standard, consumer rights protection and so on many statutory duties, guide the investor capital injection, such as the culture industry's healthy development item also should focus on. Complex regulatory content, coupled with the lack of regulation power, makes the government regulation must be focused. But in the current regulatory approval, management, vendors, platform, accountability and rights, industry internal lack of unified organization standards, platform, stores information disclosure system is not sound.

Third, is a single regulatory methods. Health care massage O2O industry on existing lines, offline, public participation method is multivariate. And now the regulation means mainly the law and administrative level, with a small, new technology combined with our country regulation construction lag, the regulation often appears weak law enforcement is lax, binding, random operation and so on, difficult to establish for the depth of the health care massage O2O industry regulation.

Standardize the management must be further perfect

For lack of legislation, because of the new structure is difficult to quickly implement the Internet legislation system, and local pilot specification legislative supplement more feasibility. Legislative level, the legal supervision system can take the form of administrative rules, first, in case of special needs ministries issued regulations, measures and regulations of the state department regulations such as supplement.

Legislation content, appropriate account of the differences of regional, authorized by the state ministries and the local provisional regulations and so on good policy, based on the supporting legal norms as regulators law enforcement basis, and then to carry out the local pilot, went up to regulation, if the effective encouraging other regional Shared experience.

In view of the lack of regulation, should be in the association of government regulation, industry self-regulation and self-management platform, stores under the three layers of regulatory system to solve the existing problems. A government level, \"ban on\" supervision and regulation of \"unfettered\" type all have shortcomings, the government should more macroscopic guidance role.

Pilot, first of all, can be in local government regulatory departments joint law enforcement, strengthen the information sharing between departments. Can draw lessons from zhuhai security market supervision and administration of unified supervision and management of the market trading behavior and online commodity trading and relevant service behavior.

Second, different stages of regulatory focus is different. Phase in advance, the heavy qualification, screen out bad practitioners. Make stage, heavy not spot check on a regular basis. Tie the spot check result to enterprise support fund application. Later phase, the heavy data disclosure, to comment on the phenomenon such as irrigation.

Once again, increase the use of new technologies such as means. Force massage shops equipped with safety facilities, can follow the kung fu shops equipped with requirements can bear \"a button called\" APP, by positioning chiropractors can quickly, make sure that the door security. Force platform, businesses to provide service to the customer before sending security reminder text messages, ensure consumer safety. And pay attention to in the daily regulation filtering false merchants, fishing APP, such as obscure adultury and bad information.

Industry association level, but in the current \"fundamental O2O industry norms and standards\" based on the opinions solicited manuscript, with service providers, intermediate platform, user experience as the core, to establish regulatory standards. On this basis, the government regulatory requirements detailed implementation, such as information disclosure data sorting report regularly. Its regulatory focus towards the investors investment restrictions, massage technician qualification authentication, platform and merchants access qualification audit, regular technical training, etc.

Platform level, the island's real sales should be ping, to contribute, to accept venture capital data such as self disclosure, take the initiative to avoid malicious brush reputably, etc, to eliminate the phenomenon of financiers and investors information asymmetry, reduce the investors, entrepreneurs concern. Should be good to carry out a third party platform audit obligations as foothold. On the basis of combining the \"three certificates\" introduces the face biometric technology means, such as identity review to operator, registration, and establish the registration files and verify the update regularly, to ensure the safety of operators, technicians identity.

In addition, vendors and flat Taipei should establish insurance compensate system. By the owner to chiropractors can buy personal insurance and free when trading customer property and life insurance, safeguard technicians, customer rights and interests of both sides. Medical massage platform can also follow Tmall, taobao shopping platform in daily money, separate set up risk funds, in meets customer rights is difficult to directly recover stores first pay compensation. (Deng Yong party)