To Explore The Problems Of Online Shopping Contract

Online shopping as a new way of shopping has been welcomed by the public, not onlyprovides convenience for people’s life, more a fashion of life for young people. At present,Dangdang.com, Amazon, and Jingdong, such online shopping mall has become a hot shop. Butwith online shopping is becoming increasingly prosperous, it triggered the various contradictionsand disputes are also increasing, and online shopping has been a complaint hot. As a case ofchildren’s book breach of contract, which happened in dangdang.com, on August9of2011. Theseller unilaterally cancelled the order that caused disputes to consumer. So online shoppingcontract legal issues related to gradually enter the public, and have increasingly become theexperts and scholars researches.This paper is divided into five parts. The first part introduces the on-line shopping contractfeatures and classification, to lay the foundation for the following chapters. The second part fromthe contract’s two steps offer and commitment to start, determine the on-line contract time andplace. The third part around the on-line shopping contract subject identity uncertainty associatedwith the electronic declaration of authenticity, so as to ensure the effectiveness of the contract.Because that online shopping is not used of face-to-face consultations, but the use of electronicdata in the form of contract, so the identity of the subject has certain uncertainty. So this paperintroduces both the identity recognition method. Then the analysis of electronic error andcomputer disorder the two cases of electronic declaration of authenticity. The fourth part of theon-line shopping both main obligations, clear returned goods and pay for the duties of the sellerand buyer, analyzed in the event of default liability and remedies of breach. The last partaccording to the online shopping contract problems, mainly group format contract abuse,consumer personal information and privacy rights and judicial relief encountered in jurisdictionand evidence of problems, puts forward some suggestions, hoping through the development of alaw on electronic commerce system to regulate online purchase contract and electronic contractproblems. Because it is based on civil law and contract law to solve online shopping disputes, inreality more is to rely on complaints and administrative means to solve the problems, which caneffectively protect the interests of the buyer. Hope “electronic commerce law” has not only fromthe entity for trading the rights and obligations, but also in the program are more perfect, andconvenient practical relief rights.