The Legal Regulation Of The Form Contract Under The Network Environment

Web form contract is widely used in e-commerce transactions and has a positive effect on improving the efficiency of the transaction. The contract, however there are also a number of legal issues, law of the contract to build the network form regulation system is to safeguard the legitimate rights and interests of consumers and promote the healthy development of e-commerce objective need. At present, China is still no information on the network format of the contract specific legislation, in dealing with contract disputes process, remain applicable "Contract Law" on the general format of the contract. Web form contract as a new thing, "Contract Law" the relevant provisions of the judicial practice has been far from satisfying the needs of the Judicial practice. Interests of consumers can not be effectively protected. In view of this, this article through our web form contract Legal Regulation of the defect analysis, in the experiences of developed countries and based on China's actual conditions, based on the standard form contract of constructing the network system of legal regulation to talk about specific proposals.The innovation of this paper is that, from a legal perspective to judg the current regulation of the form contract on the network, in a fair idea of justice and freedom of contract as a guide, will be found scattered the United States, European Union, Japan and other countries in the provisions of different legal documents one by one to make comparison, with a legal means to build our network form contract regulatory framework, so that consumer rights are protected.Full-text is divided into five parts:The first part is that under the network environment, the general form contract is described. First of all, to define the concept of the network form contract to explain the contract with the traditional format of the different features; Secondly, from the format of both positive and negative aspects of the contract value for network analysis; Finally, the need for legal regulation of the network form contract is described.The second part discusses the theoretical basis for the form contract regulation under the network environment. This section provides a brief analysis of the principles of fairness and justice and freedom of contract theory of the premise, and on this basis, into the conflict analysis between the network form contract and the theory. But as long as the interests of both the contract is able to achieve a rough balance under the intervention of the law, then the two sides are able to follow the principle of freedom of contract under the premise, so that the contractual relationship could come to a substantial equity.The third part is the status and defects of legal regulation to the form contract under the network environment. First, this section analyzes the network of China's standard form contract for legal regulation of the status quo; Second, a detailed analysis of the network format of our contract law regulation defects.Part IV discusses the form contract on the network developed countries, regulation and experience, as well as our country for reference. This section begins by describing the United States, the European Union, Japan, the OECD on network format, the relevant legal provision of contracts, and on this basis, summarizes the format of the regulation of China's network of contract inspiration.Fifth section presents the network construction of China's standard form contract regulating the legal system's recommendations. The full text of this Part is divided into the focus of this article, which is the concentrated expression of innovative ideas also. In summing up experiences and learning from other countries on the basis of China's actual conditions, in general, elaborated to build a system of ex ante regulation and ex post relief to a combination of legal regulation system, and separately from the legislative, judicial, administrative, social and regulatory aspects of a specific set of network form contract regulation model.