| 北京图书订货会1月8日开幕当天传出消息：由中国出版工作者协会、中国书刊发行业协会、中国新华书店协会联合制定的《图书公平交易规则》(以下简称《规则》)日前正式出台，并于公布之日起执行。其中要求网上书店卖新书不得低于8.5折的规定，引发各方热议。 |
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. |
| 网上书店：新规不具操作性 |
Online bookstores: The Regulation isn’t applicable |
| 昨日，记者发现，当当网和卓越网的图书售价，部分依然低于8.5折，有的甚至低于5折。对《规则》的限价要求，卓越亚马逊有关人士则称，其高层正在开会，研究“限折令”的应对策略，内容暂时不便透露。当当网市场公关高级总监张颖则称，“在不低于成本，不违反《反不正当竞争法》的前提下，商业企业可自主定价。” |
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.” |
| 张颖认为“限折令”目前还不具有可操作性：如书的种类非常多，当当网在售图书有60万种，且每天都有新书上架，大家是统一时间调价还是自行逐步调整？目前通行的畅销新书折扣比较低，实体店也是如此，“所有图书不论什么品类都要统一折扣吗？”此外，大型企业容易监督管制，但一些小网站、小书摊很难监管，这会导致不公平竞争。“对于不执行限折令的企业有什么处罚方式？这些都没有细则出台，我们将等待细则出台后再研究实施。” |
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. |
| 实体书店：支持新规实施 |
Regular bookstores in favour of the Regulation |
| 不过，北京市图书实体卖场对该规定却是一片赞成声。 |
However, applauses are heard across the regular bookstores in Beijing. |
| 新华书店集团公司有关人士称，实体店低限均高于8.5折，而网店不但有低折扣，还辅以免邮资、货到付款等营销手段，令消费者源源不断向其靠拢。该人士坦言，实际的交易册数在缩减。“分流的相当部分，就是转向了网购。” |
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. |
| 重庆新华书店集团公司、重庆现代书城、重庆购书中心等图书实体店相关负责人明确表态，随后将有相应促销手段，支持和推动《规则》的进一步实施。 |
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. |
| 读者反响：新规定不合理 |
Readers: Regulation unreasonable |
| 1月11日，《规则》中对网购图书8.5折的底限一经披露，网上买家就齐声反对。 |
On January 11, once the Regulation was revealed, online shoppers opposed universally. |
| 有读者认为，图书既然进入市场，竞争就是必然的。网店愿意低价出售，消费者愿意接受，符合市场规则。受访者中，相当部分人认为，《规则》实际是对网店售书者的打压，更无视消费者权益。 |
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. |
| 法律专家：新规无法律效力 |
Legal experts: the Regulation has no legal effect |
| 西南政法大学教授韦峰认为，作为行业自律性条文，《规则》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. |
|
韦峰称，行业制定自律条文，本意应是反对和抵制不正当竞争，但该《规则》有违反《反垄断法》的嫌疑。
（重庆晚报） |
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) |
