The Research On The Validity Of The Online Format Contract

With the rapid development of Internet technology,the online world continues to expand.The Internet has become an integral part of daily life.An increasing number of social activities can be finished by Internet technology.With the emergence of network format contract,people can conclude contract on the Internet more efficiently and conveniently.This solves the problem of time and space separation between contracted parties,which has become the mainstream method of concluding contract on the network.Due to the special nature of cyberspace,which gives the network format contract something unique comparing to the general format contract,it is extremely easy for the network format contract provider to infringe the rights of the opposite party.This problem needs to be solved fundamentally,not only protecting the sound development of China’s network industry and safeguarding the rights and interests of both parties of the contract,but ensuring the convenience and efficiency of the network format contract and not infringing on the rights and interests of consumers.What is more appropriate now is to start with the validity system of the network format contract and clarify the boundaries of different validity states of the network format contract.This paper begins with the particularity of the network format contract and clarifies that the network format contract is different from the general format contract.The second part consists of various difficulties in use and judicial practice of network format contract for its particularity.The significance of studying the effectiveness of the network format contract is explained through the two aspects mentioned above.For the study of the effectiveness of the network format contract,the effective element is the first step.Unlike the general contract,the effective element of the network format contract should include two parts: formal requirements and substantive requirements.And the formal requirements include three aspects: the network format contract providers need to indicate the contract terms,the consumers have the possibility to know the terms of the contract,and the consumers express their consent;The substantive requirements include the equivalence of the contractual rights and obligations,the rationality of the contractual risk bearing,and the consumers’ reasonable compensation.From the perspectives mentioned above,the effective elements of the network format contract can be stated more roundly,detailedly and clearly.Based on the existing legal provisions and combined with the common terms in the network format contract,the voidable network format contract is categorized into two types after clarifying the effective elements of the network format contract : one is based on the absence of formal requirements and the other applys to general contract rules.The specific conditions of the voidable network format contract should be cleared so as to provide the right to consumers to change the contract effectiveness.By reconciling the grey area between the validity and the invalidity of the contract,the situation of rigid uniformity can be avoided.After that,according to the effective elements of the network format contract and common types at present,the common invalid network format contracts are sorted out to reason and analyze specific contract terms.Finally,from the two angles of legislation and justice,this paper puts forward concrete suggestions and methods for improving the current network format contract dilemma.At the same time,it also puts forward the positive role that consumers’ association plays in the issue of network format contracts.The network format contract is an inevitable choice in the development of the Internet.It cannot be discarded because of its risk of infringement of consumer rights.By clarifying the system of the network format contract effectiveness,not only can it guarantee the natural advantages of an efficient and convenient network format contract itself,but also protect consumers’ rights from being infringed as far as possible.