The Differentiated Regulation Of Standard Term Of Online Shopping Contract According To The Subject

The advent of the Internet era promotes the development of e-commerce,as an important part of the e-commerce,online shopping has changed our traditional lifestyle.In recent years,the number of online shopping users in China has shown an upward trend,the areas covering online shopping expanded from city to countryside,people could buy goods or enjoy services at home,it turns out that online shopping has brought lots of conveniences to people’s lives.But it also caused many disputes at the same time,the standard term in the online shopping contract is one of the main reasons.The standard term is drawn up in advance by one party without negotiation with the counterparty,these characteristics make it favored by the operators,it is widely used especially in online shopping that spans time and space,saving communication time between the two parties,reducing transaction costs and accelerating capital circulationHowever,in practice,standard terms are often abused by terms provider,consumers have to accept unfair standard terms due to their disadvantaged position in the online consumer contract,operators use the protection to counterparties in legal provisions to claim rights in the online commercial contract disputes.The Civil Code of The People’s Republic of China(Draft)and The Law of the People’s Republic of China on the Protection of Consumer Rights and Interest have regulations on the standard term,but they are mainly aimed at the traditional standard term,which do not reflect the particularity of the online shopping standard term,the E-commerce Law is not comprehensive enough on the standard term.Compared with the traditional sales contract,the legal relationship involved in the standard term of the online shopping contract is more complicated,and all of the contract texts and records are presented in the form of electronic data,which is different from the traditional contract in the collection and preservation of evidence.Therefore,the second chapter of this article focuses on the particularity of the online shopping standard term at the legal level.In the classification of the online shopping contract,there are not only online consumer contracts(B2C and C2C contracst),but also online commercial contracts(B2B contracts)signed between operators,the two types of contract differ in terms of the contracting subject and the established purpose.After consulting the literature,I find that the current papers on online shopping contract are mainly on the standard term in consumer contract and the protection of consumer rights and interests,the distinction between consumer contract and commercial contract is also staying at the traditional contract level,there are few papers that categorize and regulate online consumer contract and online commercial contract.Therefore,the article takes the contract subject as the classification standard,considering the issue of the regulation of the standard term in the online shopping contractThis article mainly uses literature analysis,comparative research and case analysis methods to discuss the standard term in online consumer contract and online commercial contract,analyzes the problems in the regulation of the standard term in online shopping contract in China,and proposes corresponding suggestions based on the characteristics of these two types of contract.The article will be progressively discussed in the following four parts:The first chapter is the introduction.First of all,it proposes that the topic of this article is due to the differences in the validity determination of standard term of the online shopping contract in judicial precedents.Secondly,it explains the significance of the thesis research from both theoretical and practical perspectives.Then briefly states the framework of the article,and finally lists the research methods in this article and innovations.The second chapter is the basic theory of standard term of online shopping contract This chapter is an analysis of two key points in the topic.The first section introduces the concept of standard term and analyzes the characteristics of standard term according to the concepts.The second section discusses the features of tje online shopping contract firstly,and further draws out the particularity of the standard term of the online shopping contract which are different from the standard term of the traditional contract,elaborates the reason for choosing the online shopping contract to discuss.The third chapter is the status quo of the legislative provisions of the online shopping contract in China and the necessity of differentiated regulation in accordance with contracting subject.The first section summarizes legislative provisions on e-commerce and standard term in China,and analyzes the deficiencies of the current status of the legislation.The second section analyzes the necessity of differentiating the standard term of online consumer contract and online commercial contract from the three aspects of the subject’s contracting ability,the value pursuit and the degree of meaning autonomy of the contract.It is also based on the practical situation in our country and establishs a theoretical basis for the next chapter to propose regulatory recommendations.The fourth chapter is suggestions on strengthen the differentiated regulation of standard term of online shopping contract according to the subject.This chapter is also the key chapter of this article.It discusses from the four levels of entry rules,validity determination,interpretation rules,and access to counterparty’s information of the standard term,it proposes different regulatory recommendations for online consumer contract and online commercial contract in each section.For the online consumer contract,the advice is to improve the entry conditions for standard term,put forward stricter requirements for valid standard term,thinking about the norms of interpretation rules in the Code and identify restrictions on the use of personal information.For the online commercial contract that require meaning autonomy,the chapter also proposes to relax the entry criteria for standard term,to limit the circumstances of revocation and invalidity,to explain standard term in commercial contract with contract interpretation methods,and to strict the protection of business information and transaction process by means of standard term.In general,Chapter Four is to put forward suggestions and thinkings based on the deficiencies in the regulation of standard term in online shopping contract in China.