| The two cases are the same,but the trial results are not the same,which leads to the thinking of the standard of the establishment of online shopping contract.In both cases,the operator uploads the basic information of the goods on the network platform,and the consumer submits the order and pays the price.The consumer claims that the merchant delivers the goods on time,but the two courts have made different judgments.The reason for this result is the different understanding of the judgment standard of online shopping contract.For a long time,most scholars and legal practitioners have no agreed answer to this question.In the legal trial,there are often the same cases but different results.Mainstream views agree with the special agreement on contract terms between the buyer and the seller.In the absence of agreement,we should take the nature of the commodity display page as the premise to determine the establishment of the online shopping contract.In commercial practice,the presentation page of commodity information as the invitation to offer is more in line with the purpose of maximizing business interests and has been supported by most operators.In judicial practice,because there is no uniform standard of application of law,different courts in different regions and different levels have different judgments on this problem,which damages the judicial authority.In this background,in order to clarify disputes and solve the problems in judicial application,Article 49 of the Electronic Commerce Law and article 491 of the Civil Law have made principle provisions on the establishment of online shopping contracts.But at the same time,the article does not provide the only criterion for judging this issue,but also allows the parties to make another agreement,which makes this issue more complex and has an uncertain impact on the application of law.Therefore,how to understand the content of the article correctly and how to put forward reasonable plan for the correct interpretation and application of the provision from the legislative purpose combined with the practice of e-commerce is an urgent problem to be solved.Therefore,this paper needs to sort out the existing theoretical views,judicial cases,commercial practice agreements and other contents,and confirm the reasonable standard of online shopping contract.First of all,the article takes "the nature of the display page of commodity information" as the clue to discuss "the standard of online shopping contract’s establishment".For online shopping,the judgment of contract establishment is very important.The rights and obligations of the parties can be determined accordingly.Based on the comparison of the existing theoretical differences,the contradictory understanding in the trial cases and the relevant format terms of the operators,this paper confirms the "offer" nature of the commodity display page.Secondly,in the case of no special agreement between the parties,the "offer" nature of the information display page of online goods is taken as the premise to confirm the establishment of online shopping contract.When the commodity information released by the operator meets the conditions required to constitute an offer,the online contract is established after the consumer submits the order without special agreement between the buyer and the seller.Finally,according to the principle of contract autonomy,the parties have the right to agree according to their own will.The Civil Law and the Electronic Commerce Law not only stipulate the principle,but also leave the parties a space of autonomy,allowing the buyer and the seller to agree on the nature of the display page of commodity information and the establishment of online shopping contract.If the agreement between the parties is reasonable and legal,the agreement reached by the parties should be respected,and the content of the agreement should be recognized as legal and effective. |
