Research On Evaluation Index System Of E-commerce Standard Clauses

As a result of rapid development of modern economic society, standard clauses has accounted for over 99% of contracts. E-commerce standard clause, is a type of electronic standard contract which is virtual, non-contact, fast and difficult to preserve. A common form of e-commerce standard clause is the customer service agreement on the registration page.As an important economic society product and legal phenomena, standard clauses has caused extensive research and analysis among scholars. Existing analysis mostly focused on legal interpretation and legislative, administrative and judicial rules. With the development of e-commerce, network standard clauses are increasingly abused, which increases frequency of illegal usage, consumer liability through disclaimer and hidden of unreasonable terms in practice. Existing evaluation on e-commerce standard clauses, mostly focused on listing several representative clauses and discussed in detail based on legal principle, which lacked a scientific assessment and management system.The main task of this paper, based on previous research and legal provisions, is to establish an evaluation index system for justifiability of e-commerce standard clauses. The system transfers the evaluation angle of standard clauses from afterwards regulation to beforehand evaluation. What’s more, the system is designed to provide administrative measures for the ministry of commerce and industry, provide consumers with guidance function, and improve the existing regulation pattern of standard clauses.The paper uses multi-index and comprehensive rating method. First of all, building a three-layer evaluation index structure on e-commerce standard clauses by reading essays, studying laws, analyzing cases, etc. The structure includes 1 objective, 8 criterion and 25 specific indexes. Then, constructing an evaluation index system model. Using paired comparison method to determine the index weight, then transforming the indexes into non-dimensional values by scoring method, synthesizing a percentile final evaluation value through an additive model. Finally, empirical analysis is used in forms of one case study of Taobao website and sample study of 7 categories, a total of 44 e-commerce sites, to prove the operability and rationality of this evaluation system. Thus, several recommendations of the applications in practice are proposed, and the study can provide idea and vision on evaluation and criterion of e-commerce standard clauses.