Study On The Effect Of Standard Jurisdiction Clause In "Online Shopping" Contract

Nowadays,e-commerce is developing rapidly.A large number of e-commerce developments are accompanied by online shopping contracts(hereinafter referred to as "online shopping" contracts")signed during e-commerce activities.The formulation of this type of contract often contains a large number of format clauses,with the purpose of reusing,improving transaction efficiency,and pursuing business activities that are convenient and efficient.As an efficient and convenient mechanism for resolving disputes between the seller and the consumer in the online shopping contract in the "online shopping" contract,the standard jurisdiction clause can highlight the importance of its existence in the current pursuit of high efficiency.Regrettably,at this stage,our country does not have relevant legal provisions to resolve the formal jurisdiction clauses in "online shopping" contracts.Therefore,when disputes over "online shopping" contracts occur,there are often differences in determining whether the formal jurisdiction clauses in the"online shopping" contracts are valid.Prior to the promulgation of the Civil Code,related disputes could only be handled in accordance with the traditional dispute resolution method of formal jurisdiction clauses.Even after the promulgation of the Civil Code,this situation has not changed much.Traditional standard jurisdiction clauses cannot fully cover disputes over standard jurisdiction clauses in "online shopping" contracts.The determination of the validity of the standard jurisdiction clause in the "online shopping" contract is different even in different courts for the same case.In order to reduce the occurrence of such contradictory judgments,to ensure judicial credibility.This article attempts to study the validity of the formal jurisdiction clause in the "online shopping" contract,so that the relevant legal provisions can be better applied to the settlement of such disputes and effectively protect the jurisdictional interests of bothparties.In view of the current situation of setting up the jurisdiction clauses of the contract format of online shopping contract and the current situation of the judicial judgment on such disputes by the current mainstream online shopping platform or platform merchant(collectively referred to as "the seller")in China,the paper proposes the most effective method to determine the effectiveness of the administrative terms.This paper is divided into five chapters to discuss the research content of the paper.The first chapter is the introduction,which mainly includes the significance of the background research,the research content and the research methods.The second chapter first introduces the problems in the dispute cases of online shopping contract between Li and Nanjing Suning e-commerce Co.,Ltd.and points out the differences between the people’s Court of first instance and second instance on the validity of the form jurisdiction clause in the online purchase contract in the trial of this case,and then introduces the judicial practice to the problems existing in the judgment of this type of cases.Then,the definition of the relevant concepts of format jurisdiction clause in the "online purchase" contract,the definition of the relevant concepts and the nature characteristics of the format terms and format jurisdiction clauses are clarified,which lays a good foundation for the next analysis.The third chapter is the analysis of the judicial judgment status of signing and validity confirmation of the format jurisdiction clauses in the "online shopping" contract in China.The comparison of the current mainstream online shopping platform and the merchants on the platform of the different ways of fulfilling the "reasonable prompt" obligations of the format jurisdiction clauses in the contract is compared,and summarizes and analyzes the number of such cases in the "China judicial document network" in recent years Change in quantity.The fourth chapter summarizes the adjudication results of the disputes over the validity of the format jurisdiction clause in the "online shopping" contract in the current judicial practice in China,and analyzes the reasons for different adjudication results.Through the analysis of the specific reasons,it puts forward some suggestions for the final chapter.The fifth chapter summarizes the previous description,and puts forward some suggestions on how to make the format jurisdiction clause of "online shopping" contract effective,such as the clear provisions on the obligation of "reasonable prompt and explanation",the unified standard of the people’s court in hearing this type of cases,and finally on the basis of fully protecting the procedural option of consumers(buyers)of online shopping platform,Make full use of today’s network information technology,promote the Internet court to conduct efficient and orderly trial of suchcases.