Research On Protocol Review Mechanism Of Network Service Users

Today with the rapid development of network information,network services have penetrated into all aspects of people’s lives.In daily life,consumers receive more and more network services through terminals such as computers or mobile phones,including but not limited to shopping and travel.,Entertainment and other activities.In accepting various network services,network protocols have become a contractual bridge between consumers and network service providers.Due to the diversity of its network services and the huge number of audiences,network agreements tend to be homogeneous.Under normal circumstances,users click on the network agreement after reading and reach an agreement with the network service provider,accept the terms of the network agreement,and enjoy the other party’s offer Generally speaking,for most people,the possibility of disputes arising from network protocols is unlikely.However,due to the continuous development of the breadth and depth of network services,network protocols have gradually had a substantial impact on the rights and obligations of users.For example,many Internet service providers adopt a membership fee system and have a financial legal relationship with users.Another example is that Internet service providers use users’ private information to provide better quality services,or unilaterally modify the content of the agreement,and then When disputes arise,jurisdictional issues have also become a key area of network agreement disputes.Network agreements have characteristics that are different from traditional contracts.The number of audiences is incomparable to traditional contracts,and homogeneity is also incomparable to traditional contracts.The regulation of network agreements affects the rights and obligations of network providers and users.Two things should be noted.The balance of the interests of the users,on the one hand,cannot excessively restrict the content of the agreement provided by the network service provider,on the other hand,the rights of users cannot be ignored due to the strength of the two.Based on this,this article analyzes the previous case studies and integrates the regulatory systems of network protocols and network protocol format clauses at home and abroad,and tries to find a method of regulating network protocols that suits my country’s national conditions.In addition to the conclusion and introduction,this article is mainly divided into four parts:The first part: introduces the problems of network user agreement and the dilemma of judicial practice through the case of Wu v.Iqiyi’s "advanced on-demand" one of the top ten commercial cases in 2020.Analyzing and discussing the court’s judgments,finding a point of convergence for our country ’ s contract law theory in the Internet field of new format contracts,and eliciting thoughts on the plight of network service user agreement dispute resolution.The second part: the legal analysis of network service agreement and the necessity of regulation.The network user agreement belongs to the contract drawn up in advance by the network service provider,and belongs to the standard contract.According to Article 496 of the Civil Code,the standard clauses are drawn up in advance by the parties for repeated use,and the contract is not negotiated with the other party when the contract is concluded.Terms.The legal analysis of the network user agreement is essentially placing the format clauses in the context of network services,combining the existing legal provisions and the new features of the network user agreement that are different from the traditional format contract to conduct a legal analysis to identify the subscription of the network user agreement Rules and content validity.By extracting the characteristics of the current network user agreement in my country’s economy,using specific clauses as examples,the necessity of regulating the network service agreement is drawn.The third part: Insufficiency of my country’s judicial regulation of network user agreements.Summarize past trial cases on network user agreement,analyze the court’s thinking in the trial of network user agreement disputes through big data,and find its shortcomings.In the summary case,the court’s judgment on the network user agreement has different judgments in the same case,with the same result but different reasons for the judgment.The life of law lies in practice.The scope of research on network user agreements in academia is limited to theoretical analysis,and there is a lack of empirical research on the effect of regulating network protocols in judicial practice.The life of the law lies in its implementation.If the spirit of the law cannot be implemented in practice and the role of the law can be embodied,theoretical research is like a castle in the air,talking on paper.The fourth part: Measures and ways to improve the regulation of network user agreements.Compared with our country,the research on click contracts in foreign countries such as Germany,Britain and the United States can be used for reference.In this part,through the research on the regulation of electronic contracts in foreign countries,combined with the national conditions of the country,measures and ways to improve the network user agreement are drawn.