Research On The Standard Terms For Online Shopping

In today’s socio-economic life,the standard terms have been widely used,and with the tremendous development of Internet Economy and E-Commerce,a new online shopping model has kept growing accordingly.The Internet environment and standard terms are naturally adaptable.Facing with cross-territory and a large number of network consumers,a pre-drafted,reusable standard terms can undoubtedly meet the needs of the online shopping environment.But at the same time,the non-negotiable nature of the provisions of the online shopping format may also be abused by some network operators to recklessly violate use’s rights and interests of online shopping,and how to make good use of the standard terms and control the risks brought by the information and content characteristics,are the issues that need to be solved in current stage.This paper analyzes the current situation and existing problems of the exercise of standard terms for B2 C mode online shopping.The main research is to analyze the characteristics of online shopping standard terms in B2 C mode,so as to further enroll the rules and interpretation rules of standard terms for B2 C online shopping,the effectiveness identification is carried out for research and analysis,and on such base the B2 C mode online shopping standard terms regulation could be summarized advised.The first chapter of this paper expounds the connotation of standard terms for B2 C mode online shopping.While analyzing its characteristics,also puts forward some problems in the B2 C mode online shopping standard terms in the definition of the entry rules and effectiveness.First,the standard term is a pre-developed clause for repeated use by the contracting party.Its characteristics are mainly reusability,pre-drafting and the breadth of the object of the offer.Secondly,the standard term for B2 C mode online shopping has its particularity while having the characteristics of the general standard term.This particularity is mainly reflected in the content and the information representation.Among them,the particularity of the content can be embodied as three aspects: the content is occult,variability and the specification use;in the particularity of the information,standard term for online shopping has the dependence on the network technology,uncertainty about identity and the fading of special cue obligations.Finally,the paper puts forward some problems in the standard terms for B2 C mode online shopping in the definition of the entry rules and effectiveness.For the entry rules,the legislative norms of the online shopping standard terms are more scattered,and the ordering rules are not standardized.In terms of effectiveness identification,the B2 C online shopping standard term also shows that the validity of the identification is not uniform,and the specific terms,such as the validity of the privacy protection clause,are difficult to identify.The second chapter discusses the rules and interpretation rules of standard term for B2 C mode online shopping,and analyzes its specific performance.For the B2 C mode online shopping standard terms,the main rules are to analyze the positive and negative elements of the B2 C mode.For the positive elements,mainly from the two dimensions of ordering and commitment to discussion;for negative elements,mainly from the two aspects of the exception standard terms and the priority principle of non-standard terms.The interpretation rules for the B2 C mode online shopping standard terms are mainly analyzed from two levels: general rules and special rules.The third chapter focuses on the analysis of the effectiveness of standard terms for B2 C mode online shopping.It mainly analyzes the legal provisions on the validity of the format clauses in China and overseas.The standard clauses,such as the privacy protection rules clause,the agreement modification clause,and the validity of the disclaimer clause,were also analyzed.First,the study of the effectiveness of the extraterritorial standard term is mainly based on the development of relatively mature European e-commerce fields and the US network transactions.The research on the format clauses in China is mainly for the distribution of sporadic distribution in different legal provisions,including the "Contract Law","Consumer Rights Protection Law","E-commerce Law" and other laws and regulations.Secondly,the premise of judging the validity of the online shopping standard terms and the validity of the standard terms are elaborated.The effectiveness is mainly determined by the invalid and revocable situation of the standard terms.Finally,three typical online shopping standard terms are listed for analysis and induction.The fourth chapter summarizes the research conclusions of standard terms for B2 C mode online shopping,and puts forward some glimpses of the author based on the latest legal environment.These include strengthening the prompting and interpretation obligations to the standard terms provider of B2 C mode online shopping,improving the review system of the B2 C mode online shopping standard terms,improving the interpretation rules of the B2 C mode online shopping standard terms,and how to improve the legislation on the regulation of standard terms.