| At present, online shopping is developing rapidly, online shopping has become animportant part of our life. Without geographical boundaries and the virtuality of theonline shopping, online operators must formulate a general applicable to specific mostshoppers in the online shopping format clauses, in order to save cost, improve theefficiency of deals. Using of format terms in online shopping will not only damaged therights and interests of online shoppers, and in the network trading platform as themediation of the network shopping process, operator’s rights will be damaged, seriouslyaffected the healthy development of the online shopping environment. To explore theeffect of online shopping,format terms elements, interpretation methods,at the sametime, draw lessons from foreign legislation for the format clauses in the online shopping,to find a relief way which can balance the interests of the network shopping, thusconsummating our country in the regulation way of format clauses in the networkshopping is very necessary.At present, there are three types of online shopping: B to B, B to C and C to C, B isshort of English words in Business, is meaning of merchants, C is short of the Englishwords of the Consumer, the meaning of consumers. Collecting all kinds of disputes innetwork shopping, mainly focuses on the right for online shoppers to goods, personalprivacy, the right to fair dealing, get compensation when our rights are violated.Operators limit the shoppers’ legitimate rights and interests through the use of formatterms in the network shopping greatly, and eliminate their own responsibility. As themedium of online trading platform in the network shopping mode, the online transactionsmoothly with the participation of the shop operators and Internet trading platform isinseparable, in the process of daily online transactions, the legitimate rights andinterests of operators also will be affected by its trading platform in the unfair formatclauses of infringement, to a certain extent, made it also affect the rights of the onlineshoppers.At present, there is no specific legal regulation for the format clauses in the onlineshopping in our country, making online shopping from the book into the formatclauses in the establishment of the whole process of the lack of from the law, bothparties and the society and so on various aspects involved in regulation. Therefore, inthis paper, on the basis of draw lessons from foreign experience, put forward my own suggestions to help limit the businessman abuse of format clauses, and create a goodenvironment for the network shopping. According to the features of the format clausesin the network shopping in this paper, the author can be divided into seven parts:It is introduction in the first part, mainly tells the story of the present status offormat clauses in China’s online shopping, the relevant provisions of the foreignlegislation and perfect the realistic necessity and feasibility of our format termsThe second part is the general theory of format clauses in the online shopping,including the relevant concepts and characteristics of the network shopping formatterms and its comparison with the traditional commercial format terms.The third part is the online shopping mode of format terms of effective elements andeffectiveness analysis. Into the online shopping the format terms of the contract is notall effective, of course, what provision is absolutely invalid, what terms may be revokedis the focus of this chapter;The fourth part is the online shopping format clauses in relevant interpretation rules,concrete rules introduced two explanations: general rules and special interpretationrules;The fifth part is the foreign legislation for the format clauses in the network shopping.Carefully tells the story of the European Union and the United States laws andregulations for the network shopping format terms.The sixth part is the online shopping in the legislative status quo and existingproblems of format terms. Concreting from three aspects the form, content, and thecontracting environment to address the current problems of format clauses in China’sonline shopping.The seventh part is the perfect way to format clauses in China’s online shopping.Mainly from the perspective of protecting the legal rights and interests of Internetshoppers, in building a country to regulate the method system, administrative rules andregulations and other regulatory aspects, puts forward some Suggestions. |
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