Problems And Countermeasures Of The Validity Determination Of The Jurisdiction Clause Of Online Shopping Contract

In recent years,with the rapid development of online shopping,the number of legal disputes caused by it has also increased.When consumers resolve online shopping contract disputes,the first thing they must make clear is the jurisdiction of the case.At present,online shopping operators mainly based on online shopping platforms generally agree with consumers on the jurisdiction connection point in advance through the agreement jurisdiction clause in the "service agreement" and other format contracts.However,in practice,there are many problems in the jurisdiction clause of the online shopping contract agreement itself and in the process of judging its validity by the judges.The author analyzes the form and content of the agreement jurisdiction clauses in common online shopping contracts in practice and126 cases involving the agreement jurisdiction clauses of online shopping contracts in2020,and concludes that there are three main problems surrounding the agreement jurisdiction clauses in online shopping contracts: First,the disguised and compulsory jurisdiction clause infringes consumers’ right to choose;second,the “reasonable reminder” of the jurisdiction clause is unreasonable;third,the content of the jurisdiction clause in the agreement regulates abstract standards and the application of specific rules is confusing.Next,the author reflected on the reasons for the issue of the jurisdiction clause in the online shopping contract agreement.The reason for the above problems lies in the current legal dilemma in determining the validity of the agreement jurisdiction clause: first,the procedural law has been difficult to regulate the disguised mandatory agreement jurisdiction clause;second,the lack of "reasonable reminder" standards,and finally,the content regulation method is not clear.In order to solve the problems in practice and get rid of the legal dilemma,the author first tried to improve the technical rules of the formal regulatory method of "reasonable reminder",from the perspectives of reminder method,reminder time and reminder mode.Refine the regulations.For the clauses that comply with the formal regulation of "reasonable reminder",the review of content regulation will be carried out.In the process of content regulation,the author believes that the abstract standards for regulating the jurisdiction clauses of online shopping agreements should first be clarified,that is,the principle of autonomy of will and the principle of fairness.On this basis,a reasonable interpretation of Article 497 of the Civil Code should be made.Make it better used in the judgment of disputes over the jurisdiction clause of the online shopping contract agreement.While applying the above methods of determination of effectiveness,attention should be paid to the logical sequence of the determination of effectiveness,that is,the formal regulatory method of "reasonable prompts" shall be applied first,and the content regulatory method shall be used for effectiveness determination on the basis of compliance with the formal regulatory standards.