Research On The Format Terms In Online Shopping

E-commerce relies on the network as a platform,abandons the inherent traditional business operation mode,realizes the combination of commercial development and scientific and technological progress,and fundamentally changes the form of commodity exchange and sale under the traditional mode.At present,online shopping has entered an era of unprecedented development,becoming an indispensable market trading method,and constantly promoting the healthy development of the social economy.The format clause in online shopping can help sellers to pre-establish the trading conditions of goods,shorten the negotiation time of buyers and sellers,reduce transaction costs,effectively solve the problem of time and space between parties in the transaction process,and promote the development of online shopping.At present,there are few e-commerce laws and regulations for the format clauses in the network environment,and the provisions on the format clauses are relatively general.There are also many unpredictable situations when applying.Therefore,we have conducted in-depth research on the format clauses in online shopping in a variety of ways and from multiple angles,and guided them step by step to clarify the understanding of the unreasonable clauses in online shopping contracts.It is of great significance to safeguard the legitimate rights and interests of consumers,to play the contractual role of format clauses in online trading platforms,and to promote China's legislative provisions and judicial practice.This article consists of four parts.The first part is the introduction.The introduction is divided into three parts,namely the background and value of the topic,the research status at home and abroad,as well as research methods and innovations.In this paper,combined with the research status of China's format clauses in online shopping,draw on relevant experience of foreign research,use comparative analysis,literature research and case analysis to analyze and study through various channels,and strive to grasp the problems to be explored in a true and comprehensive way.The second part is the definition of the format clause in the online shopping contract.Firstly,a brief introduction to the classification of format terms in online shopping,commonly known as unpacked format terms and click-through format terms.Secondly,it discusses four characteristics of the format clause in online shopping,including theextensiveness of the contracting party,the uniqueness of the method of conclusion,the virtuality of the contracting carrier and the particularity of the applicable legal norms.The difference between the format clauses in the online shopping and the general format clauses is laid out,which lays a theoretical foundation for the analysis and research carried out below.The third part combines the case system to discuss the effectiveness of the format clause in online shopping.Based on the actual situation in China,it is proposed that the effectiveness review criteria for the format clauses in online shopping should include whether to fulfill the obligation to explain the instructions according to law and whether it is in line with the principle of fairness.Then,after clearing the effectiveness review criteria,the effectiveness of the format clauses in online shopping is differentiated.According to the actual situation of online shopping,the invalid format clauses and the revocable format clauses are analyzed and discussed in detail.The fourth part is based on the development status of online transactions in China,and discusses the interpretation of the format clauses in online shopping contracts.From the perspective of protecting consumer rights,it explains the objectivity and extensiveness of the interpretation of format clauses in online shopping.Then it introduces the relevant interpretation rules of the format clauses in online shopping,mainly from three aspects: the special application of the usual interpretation rules,the special application of the non-format clause priority protection rules and the interpretation rules focusing on consumer protection.