Research On Issues Of Application Of Law Of Cross-border Online Consumer Contract

Network is not based on a fixed structure of a region. It not only changed the way people communicate, but also led the reality of our everyday physical world of space extends to the virtual network space, changing the way of people's living in all domains. Because of the characteristics of convenience of the network, it gets numerous uses in business area. People usually use it for e-commerce transactions. With the growing popularity of internet applications, the online consumption transactions get a rapid development. Compared with traditional consumer contract, online consumer contract with its distinguishing features raises a great challenge on the legislation of contract and traditional point of contact. The applicable law of consumer contract also has been influenced.This paper uses a comparative approach, making a comparison and analysis of the legislation of many countries and international organizations in the application of law of consumer contract and online consumer contract. It describes the application of law rules of online consumer contract. As the application of law legislation of online consumer contract still in its infancy and the different circumstances in different countries, to harmonize the legislation of different countries and eliminate the conflict of laws in a short time is not reality. Therefore, this paper tries to discuss the application of law of cross-border online consumer contract, in order to find the general rules for the application of law of cross-border online consumer contract.This paper consists of four sections:The first chapter describes the concept and the characteristics of the cross-border online consumer contract. Making a definition of cross-border online consumer and cross-border online consumer contract, this paper analyzes the characteristics of cross-border online consumer contract, in order to lay the foundation for further discussion.The second chapter describes the evolution of the application of law rules of cross-border online consumer contract in the network environment. First of all, it makes an overview of the impact on the traditional application of law rules by the internet. Secondly, it further pointed out the influence of the traditional application of law rules by the elements of network. Analyzed the internet factor involved in the consumer contract, which raises a great challenge on traditional point of contact, it also points out new issues that the applicable law was faced to in the network environment.The third chapter describes the rules of application of law on cross-border online consumer contract. In this section, the author respectively analyzes the application of law for online consumer contract in three aspects, the capacity of the parties, the form of contract and the substantial problems of contract, which suggests the application of law for each aspect. In addition, the particularity of application of law for online consumer contract is analyzed in this section. It also analyzes the rules of proper law of contract which was used the principle of autonomy of the parties as the main principle and the doctrine of the most significant relationship as the complementary principle to determine the applicable law of contract.The fourth chapter discusses the application of law of cross-border online consumer contract in China. Firstly, it analyzes the legislation status of the application of law on cross-border online consumer contract in China. Then, it describes the rules of application of law on cross-border online consumer contract in China. Balanced the leverage between online consumer and merchant by reasonable rules of application of law in online transactions, it will be achieved fairness and justice in online transactions, so as to promote the development of e-commerce.