| The continuous development of Internet technology on a global scale has promoted the popularity of online shopping in daily life,and the proportion of foreign-related online consumption in China’s online consumption is also increasing.The rising demand for foreign-related online consumption and the increasing frequency of foreign-related online consumer transactions have also led to many disputes over the application of foreign-related consumer contract laws.The legal application of my country’s foreign-related online consumer contracts has the problem that it does not reflect the characteristics of the legal application of foreign-related consumer contracts in the network environment and the order of application of the applicable laws is not clear.On the one hand,due to the vague definition of consumers’ habitual residence,the limited autonomy of consumers’ unilateral will,the lack of applicable regulations for minors’ ability to conclude contracts,and the limitations of traditional connection points on the choice of law,they cannot reflect the characteristics of the law applicable to foreign-related online consumer contracts in the online environment.On the other hand,the relationship between the application of law in foreignrelated consumer contracts and the applicable provisions of my country’s contract law is unclear,and the relationship between directly applicable mandatory provisions in foreignrelated consumer contracts and indirect applicable mandatory provisions is unclear.These problems lead to the unclear order of selection in the applicable law of foreign-related online consumer contracts.Many experts and scholars have conducted research on foreign-related online consumer contracts in my country,but it is rare to conduct research based on all the entry points of the law application of foreign-related consumer contracts.Therefore,by defining the concept of foreign-related consumer contracts,analyzing the problems existing in my country’s foreignrelated online consumer contracts,and learning from the relevant legislative experience outside the territory,it is very important to solve the legal application of foreign-related online consumer contracts.In order to solve the problem of the application of my country’s foreign-related online consumer contract law,the specific development is from the following two aspects.First of all,it must reflect the characteristics of the legal application of foreign-related online consumer contracts in the network environment.We should solve this problem by clarifying the restrictions on the place of habitual residence,granting the autonomy of the parties to the choice of law,improving the regulations on the ability of minors to conclude contracts,and updating the connection points in the network environment.Secondly,we also need to coordinate the order of application of the provisions of the law.By clarifying the relationship between the applicable terms of foreign-related online consumer contracts and the applicable terms of contract law,clarifying the relationship between directly applicable mandatory provisions and indirectly applicable mandatory provisions,adding mandatory provisions on foreign-related online consumer contracts,to achieve bottom-line protection for consumers. |
