The Law Application Of Retail Contractual Disputes In Cross-border E-commerce In China

With the continuous development of cross-border e-commerce platforms around the world,the shopping methods of Chinese consumers have also changed in recent years.Cross-border consumption as an emerging international business activity is gradually entering people’s field of vision.Disputes over the application of laws in cross-border e-commerce have gradually increased.The emergence of cross-border e-commerce has challenged the connection point of the application of law.The stable development of the economy cannot be separated from the support of legislation.Research is conducive to the protection of the rights and interests of cross-border consumers.In order to have a healthy e-commerce environment in my country and effectively protect the legitimate rights and interests of consumers,it is particularly important to discuss the legal application of retail contract disputes in my country’s cross-border e-commerce model.In the context of cross-border e-commerce,this article discusses the laws applicable to Chinese consumers in retail contract disputes on shopping platforms,and follows the logical sequence of finding,asking,analyzing,and solving problems.This article is divided into four parts:The first part is to analyze the current status and problems of the legal application of retail contract disputes in China’s cross-border e-commerce model.Through the analysis of the laws promulgated in China in recent years on e-commerce,it summarizes the characteristics of China’s legal application in handling contract disputes.It also explains the current problems in the application of the law in retail disputes in China.The main problems are insufficient protection of consumers’ right to know,when consumers’ rights and interests are infringed,there is no direct legal provision for the choice of applicable law,and the setting of connection points is unreasonable.The application of law in real retail disputes,consumers tend to autonomy.The second part is to introduce the concept and characteristics of cross-border e-commerce retail contracts,and then analyze the types of retail contract disputes in the cross-border e-commerce model and the definition of contract types and explain the reasons for the need to define.The definition method is mainly based on the current e-commerce in China Three mainstream views in contract application practice,sales contract theory,non-sale contract theory and entrusted contract theory.After that,it introduces the law application theory of retail contract disputes,the selection method of retail contract dispute law application,and cross-border e-commerce retail contract disputes.The reasons why different laws need to be applied.The third part is to introduce the current development status of cross-border e-commerce in the European Union,the United States and Switzerland,as well as the regulations of these countries on the legal application of cross-border e-commerce retail contracts,and evaluate the characteristics of the legal application of retail disputes in these countries.The legal application of cross-border e-commerce retail disputes provides ideas and references.The fourth part is to summarize the suggestions for improving the legal application of my country’s cross-border e-commerce retail contract disputes.It mainly adopts four aspects.One is to formulate specific rules to protect the disadvantaged position of consumers.The other is to focus on flexible handling of connection points.It is to improve the online settlement system of cross-border retail disputes that suits my country’s national conditions.The fourth is to improve the principle of consumer autonomy.The fifth is to consider the influence of the network in the rules of cross-border consumer contract law.