Research On The Legal Regulation Of Online Shopping Contract

In recent years,the rapid development of online shopping in China,online shopping contract has become an indispensable part of many people’s lives.Due to the electronic and cross regional nature of online shopping contract,online shopping contract is a kind of format contract made by online shopping operators for the majority of people who are not specific.With the continuous development of Internet technology,artificial intelligence and e-commerce economy,there are a variety of new online shopping contract disputes,which directly affect the smooth operation of online shopping contract and the stable and healthy development of e-commerce economy.Therefore,it is very important to explore the main problems and reasons under the current legal regulation of China’s online shopping contract,and then put forward suggestions to improve the legal regulation of China’s online shopping contract.The purpose of this paper is to analyze the problems existing in the current legal regulation of online shopping contract,so as to provide a theoretical basis for improving the legal regulation of online shopping contract in China,so as to maintain the normal operation of online shopping contract and promote the stable and healthy development of e-commerce economy.This paper is divided into five parts: the first part is the introduction,which mainly introduces the background and significance of the legal regulation of online shopping contract,and analyzes the domestic and foreign literature on the legal regulation of online shopping contract;in addition,it also introduces the research methods used in this paper,including literature analysis,empirical analysis and comparative analysis;finally,it introduces the research contents of this paper Innovation in content.The second part is an overview of online shopping contract,which introduces the general knowledge of online shopping contract,including the meaning,types and characteristics,so as to lay a good foundation for the following research.In the third part,through reading the previous literature and my understanding of practice,on the one hand,it summarizes the main problems existing in the current online shopping contract,including the ability of minors to conclude a contract,the abuse of standard terms,the difficulty of proof and the abuse of the right of estoppel;on the other hand,it analyzes that the main reason is that the legislation and its supporting measures are still imperfect.The fourth part introduces the legal regulation of online shopping contract in foreign countries and the beneficial experience worthy of our country’s reference.The "blacklist" of the European Union,Japan’s perfect early preventive measures and the starting point of the exercise of the right of Estoppel in the United States all provide ideas for our country to improve the legal regulation of online shopping contract.The fifth part is based on China’s national conditions,drawing on the useful experience of foreign countries,put forward the following suggestions for improving the legal regulation of China’s online shopping contract: first,improve the provisions on the contracting capacity of minors;second,refine the relevant expression of the standard terms and further clarify the invalid standard terms;third,improve the burden of proof of all parties to the online shopping contract,and appropriately expand the application of the inversion of the burden of proof The fourth is to strictly regulate the online shopping consumers’ use of the right of estoppel;the fifth is to improve other supporting measures.We should gradually form a systematic legal regulation system of online shopping contract,protect the legitimate rights and interests of all parties to the online shopping contract,and promote the good operation of online shopping contract and the sustainable and stable development of e-commerce economy in China.I hope that this paper can do something to improve the legal construction of online shopping contract in China.