Analysis Of Mr.Zhang And Taobao Company Network Service Contract Dispute Case

Twenty-first Century is a era that the Internet is developed very fast. Due to thelegal norms are delayed behind the real life and the people’s legal consciousnessconstantly raise, the network contract disputes appear more and more frequently. Thiscase is a typical network service contract dispute. It has gained widely attention of themajor Internet companies, industry associations, consumers and academia. On theback of the case, it touches the services norms of the entire network industry and therelevant provisions of the network service of the state forcing the lawmakers torespond quickly to maintain its health development.The focus of controversy in this case mainly has three aspects: firstly, if thetrading rules which are made by Taobao company can be used as a contract clause intonetwork services contract; secondly, how to interpret the involving disputes clauseafter the trading rules are written in the Internet service contract; thirdly, how todetermine the effectiveness of the trading rules which are made by Taobao company.In the network service contract, the format articles have the nature of concealmentwhich make the consumers are very difficult to find. This requires the networkcompany should mark the main content with bright colors or large print in theproduction of format terms or set some special procedures before signing the contractto ensure the consumers can see these terms. Furthermore, there will be someexpressions in terms of unknown or obscure contents in the format articles. At thistime we should explain those contents in accordance with the help of the consumers,only in this way the consumers’ lawful rights and interests can be effectivelysafeguarded. In addition, the format clause of the network service contract shall beformulated in accordance to the mandatory law and the basic principles of the civillaw otherwise it will not have the legal effect and shall be deemed to be invalid. In theprocess of market competition, the network company shall submit the service qualityin the first place and cannot rely on formulating some unfair form clause to seekillegitimate economic interests. If to do so, the network company will not only beabandoned by the vast number of consumers and will be finally eliminated in thefierce market competition.This case reflects some imperfect place in the network service industry system ofour country, that is, there is no specific provisions which are specifically for the network service format in the "contract law" and the "consumer protection law" butgenerally regulate the format clauses. This is far more enough to the network serviceindustry which cause this case is beset with difficulties in the process of trial.Therefore, our country should study and summarize the domestic and foreign theoryand practice. On the basis of these, we should actively explore the relevant legislationand perfecting the network service format clause.