| 北京圖書訂貨會1月8日開幕當天傳出消息：由中國出版工作者協會、中國書刊發行業協會、中國新華書店協會聯合制定的《圖書公平交易規則》(以下簡稱《規則》)日前正式出臺，并于公布之日起執行。其中要求網上書店賣新書不得低于8.5折的規定，引發各方熱議。 |
News broke out Jan. 8 on the opening day of the Beijing Book Purchase Fair that the ”Regulation on Fair Trade in Book Business” (the Regulation) was formally introduced and effective immediately. The Regulation, jointly drafted by the Publisher Association of China, Books and Periodicals Distribution Association of China and China Xinhua Bookstore Association, forbids online bookstores to offer more than 15 percent off the latest published books. Widespread controversy has ensued. |
| 網上書店：新規不具操作性 |
Online bookstores: The Regulation isn’t applicable |
| 昨日，記者發現，當當網和卓越網的圖書售價，部分依然低于8.5折，有的甚至低于5折。對《規則》的限價要求，卓越亞馬遜有關人士則稱，其高層正在開會，研究“限折令”的應對策略，內容暫時不便透露。當當網市場公關高級總監張穎則稱，“在不低于成本，不違反《反不正當競爭法》的前提下，商業企業可自主定價。” |
The reporter found out yesterday that some books sold on Dangdang.com and Amazon.cn still had a more than 15-percent discount and some were more than 50 percent off. An official with Amazon.cn said its senior management is holding a meeting regarding the Regulation. Zhang Ying, senior market executive of Dangdang.com, said, “Commercial enterprises can have their independent prices as long as the listed price isn’t below the cost and doesn’t violate the Law against Unfair Competition.” |
| 張穎認為“限折令”目前還不具有可操作性：如書的種類非常多，當當網在售圖書有60萬種，且每天都有新書上架，大家是統一時間調價還是自行逐步調整？目前通行的暢銷新書折扣比較低，實體店也是如此，“所有圖書不論什么品類都要統一折扣嗎？”此外，大型企業容易監督管制，但一些小網站、小書攤很難監管，這會導致不公平競爭。“對于不執行限折令的企業有什么處罰方式？這些都沒有細則出臺，我們將等待細則出臺后再研究實施。” |
Zhang also thinks the Regulation isn’t applicable yet. As she puts it, there are various kinds of books; Dangdang sells 600,000 different books online with new ones placed on the shelf every day. Whether the discounts for all books are modified at once or gradually is still a question. Currently, bestsellers have large discounts, including those sold in regular bookstores. “Should all books get a universal discount?” she questions. “Moreover, larger vendors like us are easier to monitor than small vendors, such as street bookstands, and this will lead to an unfair competition. What punishment will fall on companies who don’t comply?” Zhang said they are waiting for more details of the Regulation before working on countermeasures. |
| 實體書店：支持新規實施 |
Regular bookstores in favour of the Regulation |
| 不過，北京市圖書實體賣場對該規定卻是一片贊成聲。 |
However, applauses are heard across the regular bookstores in Beijing. |
| 新華書店集團公司有關人士稱，實體店低限均高于8.5折，而網店不但有低折扣，還輔以免郵資、貨到付款等營銷手段，令消費者源源不斷向其靠攏。該人士坦言，實際的交易冊數在縮減。“分流的相當部分，就是轉向了網購。” |
An official from Xinhua Bookstore said discounts for books sold in regular bookstores are usually less than 15 percent, as opposed to online bookstores that, in addition to offering better discounts, attract increasingly more customers with free shipping and pay upon delivery. The official admits that orders are shrinking. “What we lose goes to online bookstores,” this person said. |
| 重慶新華書店集團公司、重慶現代書城、重慶購書中心等圖書實體店相關負責人明確表態，隨后將有相應促銷手段，支持和推動《規則》的進一步實施。 |
In Chongqing Municipality, managers in the local Xinhua Bookstore, Chongqing Modern Bookstore and Chongqing Book Center said they would still have promotions to ensure sales while supporting the Regulation. |
| 讀者反響：新規定不合理 |
Readers: Regulation unreasonable |
| 1月11日，《規則》中對網購圖書8.5折的底限一經披露，網上買家就齊聲反對。 |
On January 11, once the Regulation was revealed, online shoppers opposed universally. |
| 有讀者認為，圖書既然進入市場，競爭就是必然的。網店愿意低價出售，消費者愿意接受，符合市場規則。受訪者中，相當部分人認為，《規則》實際是對網店售書者的打壓，更無視消費者權益。 |
Some readers think competition is inevitable for books in the market and providing discounts is a business act that should be acceptable to both and is in accordance with game rules. Most interviewees think the Regulation is a bias against online book vendors and disrespectful of consumers’ right. |
| 法律專家：新規無法律效力 |
Legal experts: the Regulation has no legal effect |
| 西南政法大學教授韋峰認為，作為行業自律性條文，《規則》本身不具法律效力。 |
Professor Wei Feng from the Southwest University of Political Science and Law thinks that as an in-trade self-discipline, the Regulation doesn’t have any legal effect. |
|
韋峰稱，行業制定自律條文，本意應是反對和抵制不正當競爭，但該《規則》有違反《反壟斷法》的嫌疑。
（重慶晚報） |
Wei said self-discipline in any trade tries to oppose and boycott unfair competition, but this Regulation is suspect of violating the Law against Unfair Competition itself.
(China.org.cn translated by Maverick Chen) |
