Study On The Validity Of Online Consumption Arbitration Agreement

The imbalance of information resources in network consumption is aggravated,the weak position of consumers is highlighted,and the arbitration agreement is easy to be abused by operators.Operators tend to choose arbitration institutions that are close to them and have high arbitration costs,which makes it inconvenient for consumers to protect their rights.The measurement of rights protection costs and benefits will deter consumers from pursuing their rights.Therefore,it is necessary to regulate the validity of online consumption arbitration agreement to protect the legitimate rights and interests of consumers.This article is divided into three parts to analyze the validity of online consumption arbitration agreement and its regulation path.The first part analyzes the dilemma of the application of the validity theory of arbitration agreement in network consumption from the form and substance of arbitration agreement.On the one hand,the network is the inherent nature of the online consumption arbitration agreement,which makes it impossible to guarantee the consumers to make a true expression of the meaning of the arbitration agreement no matter in the form of formatting or unformatting.Therefore,there is a tension between the legislative intention of the "written form" requirement of arbitration agreement and the consideration of "expanding written interpretation".On the other hand,both parties signing the arbitration agreement should have full civil capacity,while the number of juvenile Internet users in China is increasing,and it is difficult to prove the civil capacity of the actual signing subject of the arbitration agreement in practice.At the same time,in the network consumption environment,the consumption dispute has more obvious public welfare,which has an impact on the arbitrability of the network consumption dispute.Therefore,the identification of the essential elements of the network consumption arbitration agreement is impacted.The second part mainly introduces three regulation modes for the validity of arbitration agreement under the vision of commercial arbitration.Although the establishment of a special consumer dispute arbitration mechanism has its unique advantages,but in view of China has not established a perfect consumer dispute arbitration mechanism,it is more feasible to regulate the online consumer arbitration agreement under the vision of commercial arbitration.By excluding applicable mode to format the arbitration agreement,the arbitration agreement fair examination mode and dispute arbitration agreement is invalid,after comparing the three merits that dispute arbitration agreement is invalid before model not only can the formatting the arbitration agreement should be brought into the scope of regulation,but also unified in practice,saving judicial efficiency,therefore the most significance.The core of the third part is to demonstrate the legitimacy and rationality of adopting the invalid mode of pre-dispute arbitration agreement in the field of online consumption,and to explain the basic problems that need to be paid attention to in the system construction of this mode.First of all,adopting the mode of invalid arbitration agreement before online consumption dispute conforms to the requirement of special protection of vulnerable groups in humanistic care.Secondly,the model of invalidity of arbitration agreements before disputes over online consumption can correct the impact of the aforementioned validity theory of arbitration agreements in the field of online consumption and balance the development of arbitration and consumer protection.Thirdly,it is clear that the application of the invalid mode of pre-dispute arbitration agreement should be limited to online consumption rather than traditional offline consumption.Finally,it shows that there is no reasonable basis for the question that the invalid mode of pre-dispute arbitration agreement will increase the cost of dispute resolution and reduce the quality of market service.