The Flaw Of Intent-indication In Network Trading

Apart from bringing convenience to people’s life and consumption, the popularity of network transaction causes a series of legal problems. As the embodiment of trade subject’s free will, intention declaration is one of the basic conditions for the effectiveness of contract in network transaction. However, since it is hard to identify the reliability and vindicability of trade subject and object, it often leads trade subject to make an intention declaration against his/her purpose in uncertain and unclear circumstances, thus resulting in intention declaration flaw. Meanwhile, some characteristics such as virtuality and openness of network greatly increase the likelihood of occurrence of intention declaration flaw in network transaction. Nevertheless, research and legislation of the intention declaration flaw in this transaction pattern still fail to keep pace with its booming development.The emergence of intention declaration flaw in network transaction is closely related to the characteristics of network transaction, and the definition for the concept and characteristics of network transaction has important influence on the theoretical study of intention declaration flaw in network transaction. According to the concept, types and characteristics of network transaction, this paper makes a clear definition for the scope of intention declaration flaw. Then on this basis, it analyzes the special incentives of intention declaration flaw in network transaction as well as the types contained, so as to reach corresponding effect model: undetermined effect or direct ineffectiveness? Moreover, the paper analyzes hot cases of network transaction in practice to demonstrate several key problems in network transaction. For instance, does the blind choice of “yes” or “no” without negotiation constitute intention declaration flaw? Will the wide application of e-format contract result in a lot of intention declaration flaws? How to regulate and relieve intention declaration flaw? At last, according to the actual conditions of current China, some proposals are made for improvement, in the hope of providing some reference for China’s future legislation.Given that network transaction is a double-edged sword, it should be regulated and guided by positive and complete institutions, for the purpose of achieving steady and rapid development while reducing intention declaration flaws and maintaining safety and stability.