| Along with the development of network technology, network business started in China since the ninety s, into the 21 st century, the mature network technology and popularization, the virtual network has gradually become the main market of our country consumer market, and plays a more and more important role in economic development and contribution to national economic and social development increased significantly, the network market has in-depth to all aspects of China’s economy.In the network under the premise of market growing prosperity, the problems existing in the network transaction is gradually obvious, all departments of the network market regulation is not in place, the supervisory work also at groping stage, plus the lack of legislation and the network trading of virtual, secretiveness and dispersion characteristics of common cause of the current network trading because of intention in the wrong and create a series of problems.Part through the analysis of our country "general principles of the civil law" under the framework of "big misunderstanding" system, and connecting with the foreign trading intention isn’t real legislation and judicial practice, intention mistakes to deal this problem, analyses the misunderstanding in the intention is not true, mistake, misrepresentation, such as legal concept, clear intention concrete connotation of error. In the further analysis of the network business transaction form of each link, to clarify the information in the network transactions, emphatically analyzed intention under the premise of error, in the process of network transactions complete contract the parties as well as the role of the network service provider and responsibility. In combination with the current our country civil law and contract law, civil and commercial law of network transaction intention mistake this problem of the presence of institutional defects of rules and regulations, through the existing laws and regulations, clear responsibility caused by error generation mechanism, by determining the participants, electronic agent and online trading contract text content such as the use of format terms, and connecting with the consumer in the network transaction "seven days without reason return" law, formed a certain degree of legal regulation system, and efforts to solve the intention mistakes caused the dispute in online transactions. |
