Research On The Format Clauses In The Online Shopping Contract

In recent years,with the rapid development of network economy,online shopping has become a trend of mass consumption.At present,the network shopping performance for three models: B to B,B to C and C to C,B is the abbreviation of Business,on behalf of the seller,C is the abbreviation of Consumer,on behalf of consumers,the article mainly discusses the B to C.Because online shopping is virtual,wide objects,without geographical restrictions of the characteristics,which also determines the online store sellers must be in the online shopping contract in terms of format is generally suitable for the majority of consumers are not specific to the network at the time of the transaction,in order to achieve efficient,low cost,fast network transactions.The so-called online shopping format terms refers to the online sellers in order to re-use and pre prepared,and consumers have not negotiated the terms.Improper use the format terms in the process of online shopping will not only can make the online shoppers' rights and interests be harmed,but also hinder the healthy development of online trading environment seriously.Therefore,from the most basic problems of online shopping,explore the format terms defined in the network shopping,effect factor,advantages and disadvantages,and effectiveness,and learn lessons from foreign experience in this filed,to protect the interests of buyers,prohibit the abuse of unreasonable business format terms,and find a relief way to balance the network shopping the interests of both sides,so as to consummate our country in terms of the format of online shopping regulations is very necessary.This article mainly from six parts of network shopping format of the contract terms and conditions for research:The first part is the introduction,which mainly lead to the purpose and significance of the research on the format of online shopping,and the research status at home and abroad.The second part is mainly analysis the general problem of format clauses on online shopping contract,mainly includes the meaning and characteristics of online shopping contract,network shopping format clauses in the contract of the concept,characteristics,the differences with the general format terms and advantages and disadvantages,as the basis for the following research.The third part is concerned with the effectiveness cognizance in the network shoppingformat terms.The terms are not stipulated in the contract will come into effect,this part were analyzed mainly from what conditions should be valid,when the clause is invalid,when it is revocable situation.The fourth part mainly discusses our country network shopping format clauses in the contract of legislative,judicial status and the existing problems.This part is based on the reality of our country,first of all,from legislation and judicial status two aspects to analysis the standard terms,which is mainly from the defects of its existence.Secondly,starting from the actual situation of China's online shopping to discuss the main problems.The fifth part studies the European Union,the United States to online shopping format in terms of regulation,by studying abroad comparing with our country's regulation of rules and regulations,so as to draw lessons.The sixth part is aimed at problem of online shopping format clauses in the contract in our country to put forward the proposal.This part,the author from the fact of development of China's online shopping,put forward the ides of protecting consumers' rights and interests,and for perfecting our country's current situation legislative regulation,judicial regulation are also proposed.