Research Of The Online Shopping Contract

With the rise of e-commerce, online shopping as a convenient, fast new trading patterns integrated into people’s daily life. Internet online Information Center of China(CNNIC) in January 2016 showed that:In 2015, Online shopping users of China reached 413 million, representing an increase of 51.83 million, rate of increase 14.3%. At present, Chinese internet market is still maintaining a steady growth rate. However, with the rapid development of online shopping, which also bring about many problems. Therefore, the legal issues of online shopping should be analyzed and improved urgently.Against the distinguish with the traditional shopping, this paper combine the present research situation and development background of the online shopping contract, introducing the concept of online shopping and online shopping contract. And in view of the online shopping in the performance of the main problems of the contract are described in general. Whether meet the online shopping, the contracting ability, relationship to the trading main body is eligible to participate in online shopping, whether has the ability to independent control online shopping transaction, in this paper, we focus on the contracting of minors ability for the influence of the online shopping contract effectiveness, and put forward our country should be on the premise of absorbing foreign advanced legislation technology, perfect the system of electronic agent in our country.The online shopping, in order to improve the efficiency, promote the exchange, format terms is widely used in it, but the resulting disputes more and more. Required format terms, therefore, in the application of the online shopping, should not only pay attention to efficiency of growth, also should pay attention to safety protection. This paper introduces the main problems of the online shopping format clauses in the contract, focusing on the present situation and the effect is analyzed, and put forward on the basis of the "contract law", to join the special provisions, conduct strict specification.Relying on the online open to the public to pay the principal, it relies on integrated bank payments and settlement system interface, realize electronic funds transfer free flow between the participants. But under the condition of online, China’s third-party payment platform, there is a risk caused by unknown third party properties, precipitation funds risk and the risk of consumers’ rights and interests safeguard. So, to clear the concept of the third-party payment platform, nature and legal status, in deep understanding on the basis of the above questions put forward reasonable solution, and standardize the online market.Online shopping has many advantages, but in the process of long-term trading, online shopping dispute is inevitable. The existence of any deal will have a risk, with the deal there will have disputes, the solution of the dispute is the most core content in the online shopping contract. With the popularity and expanding of online shopping, the online shopping appears different problems of each link trading. Due to the particularity of the online shopping, using the traditional dispute can solve already cannot satisfy the needs of online consumers.Therefore,we should combine with the present new situation work,establishing a new model of online dispute resolution mechanism, defending the orderly development of the online shopping market.The optimization of online shopping environment also should pay attention to the prevention and treatment, establishing strict specification system, and taking preventive measures.Suggestions of the online shopping establishing comprehensive real-name system, and nationwide online of dispute settlement body and special courts, and perfect the legislation and other measures. Hope this article can improve our country online shopping contract and shopping environment.