| As for the online shopping contract,the agreement jurisdiction usually appears in the form of format contract.Therefore,the effect confirmation of the format contract should be discussed from two aspects: the procedure of establishing jurisdictional format contract and the content of jurisdictional format contract.As for the procedures of establishing "online shopping" jurisdiction format contract,due to the unequal economic status and information asymmetry of both parties,in order to prevent the dominant party from infringing the jurisdiction interests of the disadvantaged party,the law stipulates that the provider of the format contract shall give a reasonable notice about jurisdiction format contract.As for the content of jurisdiction format contract,the principle of fairness should be followed.Different statutes in China have regulated the validity determination of jurisdictional format contract,but different statutes have different ideas,which lead to the divergence of courts in different practice.In addition,different countries and regions have different ideas on the validity of jurisdictional format contract due to the different ideas.Based on the empirical and theoretical discussion,the author finally give advice to improve the effect confirmation of the "online shopping" jurisdiction format in China.Specifically,it is divided into the following five parts:In the second chapter,the author firstly enumerates the provisions of the jurisdiction format set up by ten common online shopping platforms in China,and compares the methods of notice and contents of the provisions.Secondly,the paper makes a statistical analysis of the data of 409 online shopping contract dispute cases from Chinese Judicial Document Network,including the reasons on which the court effect confirmation of the jurisdiction format contract in judicial practice.The third chapter,based on the above empirical analysis and data statistics,puts forward the effect confirmation of "online shopping" jurisdiction format contract.Firstly,it is difficult to grasp the "reasonable" degree of notice obligation in judicial practice.Secondly,the review format of effect confirmation is not uniform.Some courts adopt single format,while others adopt double format.Finally,there are differences in the judicial concept of consumer protection.The fourth chapter analyzes the concept of other countries and regions aboutthe effect confirmation of the jurisdictional format contract.Among them,European countries insist on the idea of consumer protection and deny the effect of the jurisdictional format clauses between commercial party and non-commercial party.On the basis of the principle of fairness,other countries recognize the effect of the jurisdiction format clauses between commercial party and consumer.On the one hand,some countries directly deny the effect of establishing jurisdictional format contract between commercial party and consumer,on the other hand,some countries insist on recognizing the effect of jurisdiction format contract based on the principle of fairness.Secondly,the paper discusses the different statutes about the effect confirmation of the jurisdiction format contract in China.The Civil Procedure Law emphasizes the procedure of the jurisdictional format clauses,but not the content.The Contract Law and judicial interpretation simultaneously examine the procedure and content of the jurisdiction format contract.Therefore,the legislative ideas of different statues lead to different examination modes for the effect confirmation of the jurisdiction format contract.In order to unify the examination mode,different ideas should be integrated and enriched.The fifth part summarizes the discussion above and puts forward some advices to improve the effect confirmation of the jurisdiction format contract.First of all,it is necessary to make clear the way to perform the obligation of "reasonable reminder",not only to use sufficient technical means to ensure that consumers being aware of the format contract of jurisdiction,but also to ensure consumers’ procedural options.Secondly,it is necessary to unify the examination mode of determining the effect confirmation of jurisdiction format contract.Thirdly,the right of the parties to participate in the procedure should be guaranteed,and the parties should be given the opportunity to debate the effect of the jurisdictional format contract by means of hearing.Finally,the Internet Court should be introduced,the use of network technology can reduce the litigation costs of the parties,solving the jurisdiction of the online shopping contract dispute. |
