The digital economy can significantly deepen supply-side reform and upgrade consumption and lifestyle in the new era. While having made great achievements, the digital economy has also introduced many regulatory risks and troubles. The basic logic of the digital economy is the eco-industrial chain based on data and big data resources. Since the current data property rights system is unclear, various forms of competition based on data resources have seriously challenged existing laws and their implementation mechanisms. To address the problems of an insufficient institutional supply and weak implementation, and to facilitate the growth of the digital economy, we should update the regulations’ concepts and methods, establish a new logic of system regulations, improve the implementation mechanisms by using the overall and multi-level regulation thinking, and build a multi-dimensional, diversified and all-round economic rule of law regulation system led by the government with the participation of operators, consumers and social organizations. This regulation system relies on the synergy between top-level design and top-level promotion, respects the balance of multiple interests, and finally realizes the three-dimensional integration of efficiency, fairness and security.

Although the development of the digital economy has not changed the basic principles and theories of economic law, it has impacted its related specific theories. Thus, it is particularly necessary to further develop its space theory, entity theory and behavior theory, since space, entity and behavior are the three key factors affecting its application scope. Furthermore, “space diversification,” “entity online platform” and “behavior informatization” based on the digital economy, have created new regulatory issues and need the above specific developments, based on which the modulation theory, information theory, risk theory and rule of law theory of economic law can then also be further developed. Thus, all these developments combined are conducive to advancing the economic-law’s operation theory, norm theory, as well as the ontological and axiological research. In addition, such developments are conducive to strengthening the convincing power and guiding power of economic law theories for the rule of law construction related to the digital economy, to promoting a new development landscape and a modern economic system, and to realizing Chinese modernization.

The positioning of anti-monopoly law depends on its unique value, goal and function. From the beginning, anti-monopoly law has had a great political and economic mission, and can become a “super law” with a grand value goal and a powerful function in economic adjustment. The uniqueness of the Internet, in capital, technology and business models, easily allows Internet platforms to grow anarchically, and to have a high correlation with anti-monopoly concerns. Internet anti-monopoly policy should first expand its thinking and elevate its stance in macro value, and seek appropriate legal and economic technical paths. China’s Internet platform anti-monopoly policy cannot simply follow today’s international and superficial trend, which does not contribute to positive experience and may conceal various interests. Instead, China’s Internet platform anti-monopoly policy should actively follow, respect and serve the substantial development interests of China’s digital economy, operating in a timely fashion and at the right location, in ways that are opportune, moderate and modest. It should always be committed to the innovation and development of China’s Internet industry and to international competitiveness. Internet anti-monopoly policy should adhere to the rule of law, build a corresponding rule system, ensure objectivity, neutrality and rationality, and prevent irrationality and over-excitement.

Digital economy empowers the further pursuit and materialization of the Belt and Road Initiative (BRI). It has social efficacy and is governance-oriented in the process of economic globalization, but also has multi-faceted predicaments of governance as well as obstacles to the rule of law. Therefore, the BRI digital economy governance should mediate four relationships at the macro level, and implement the rule of law from three dimensions with the purpose of contributing to constructing global digital governance system.

Cross-border data flows not only involve cross-border trade issues, but also severely challenge personal information protection, national data security, and the jurisdiction of justice and enforcement. As the current digital trade negotiations could not accommodate these challenges, China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system, including control system for overseas transfer of important data, system of crossborder provision of personal information, and system of cross-border data request for justice and enforcement. To explore a global regulatory framework for cross-border data flows, legitimate and controllable cross-border data flows should be promoted, supervision should be categorized based on risk concerned, and the rule of law should be coordinated at home and abroad to promote system compatibility. To this end, the key is to build a compatible regulatory framework, which includes clarifying the scope of important data to define the “Negative List” for preventing national security risks, improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure, and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement.

Value-added Tax (VAT), a turnover tax levied on the value appreciated in commodities production, circulation and sale, has been widely practiced by economies worldwide for its neutrality. From the international perspective, European Union VAT and New Zealand VAT stand out as characteristic models of VAT development and reform history. With changing economic development models and the growth of e-commerce businesses, VAT systems have been upgraded to meet taxation challenges brought about by the digital economy. Recently, VAT policies and measures have been introduced particularly to combat the COVID-19 impact. In China, the VAT system has been reformed constantly over the past 40 years and has been converging with international practice. China now needs to address emerging VAT issues through legislation, tax incentives, and tax-rate grades so as to meet challenges in VAT collection and management and to suit the “new normal” of economic development.