The Legal Regulation Of The On-line Shopping Contract

The development momentum of China’s online shopping is very rapid, online shopping has become an indispensable part of life for many people. Shopping online is digital, trans-regional decided to online shopping contract by the online operators for the unspecific majority formulation. Is a kind of format contract. Not only the online shopping consumer rights will be subject to some unfair terms of format contract violations of online shopping, or deprived of the trading platform for online intermediary online shopping patterns in the right will be the format of the terms of the contract shall be formulated by the trading platform to the limit, has a direct impact on Online shopping smoothly. Relief of online shopping contract rights and improve the legal regulation of China’s online shopping contract is very important.Online shopping, there are mainly3kinds of patterns:B to B, B to C and C to C, B refers to the Business, C refers to the Consumer.Online shopping contract disputes are mostly produced two kinds of online shopping mode after. The main causes of disputes has three main points:first, online shopping contract contract freedom is restricted; second, online shopping contract provider abuse their dominant economic position, limit the relative party rights, avoid their responsibility; third, for reasons of recourse cost, online shopping contract was forced to accept the unfair contract terms of format.Many disputes in online shopping contract format terms injustice caused mainly focus on the online shopping consumer’s right to know the truth; personal information security; even bargain rights; legal claims and other rights are violated. Online shopping contract party to use the format of the terms of a lot of restrictions of legitimate rights and interests of consumers, from one’s own responsibility. Online shopping smoothly inseparable from the shop and the third party trading platform in the trading platform for the intermediary online shopping mode,online shop operators of the legitimate rights and interests are often infringed format clauses unfair its service agreement signed with the trading platform of, this indirectly influenced the online shopping consumer rights and interests. The main reason of the China’s online shopping contract regulation deficiency is existing legal is system insufficient to meet the needs of the development of the network economy, Online shopping contract from the contract concluded to lack of regulation from the legislative, administrative, judicial chain and society etc..Based on the experience of developed countries, legal regulations for online shopping contract in China from the following aspects.:first, adhere to the interests of the measure theory for the construction of online shopping contract legal regulation system of the guiding ideology; second, in the legislation on the new law, carefully, as far as possible the legal terms of online shopping format into the existing legal system, the generation can be made according to the new legal system. Can be considered to improve the existing legal system, increase the specific system requirements. Such as the establishment of cooling-off period system, with force of law to guarantee the rights and interests of consumers online shopping. The establishment of information disclosure system, be specific provisions on information disclosure scope, time, manner, and legal responsibility;third, in the judicial regulation, awarded the consumer association action and give judges discretion; fourth, in the administration, adhere to the prior review and supervision after the combination.