Research On Click-wrap Contract Risks

With the rapid development of information technology,the Internet economy is surging,accounting for a large proportion of the whole social economy and society.Under the background in this area,click-wrap contracts have entered all aspects of online transactions and become an event that consumers often contact.However,because the Internet Online Click contract is a relatively new economic event,the lag of legislation and the inadequate management of various departments,coupled with the particularity of the Internet Click contract itself,online consumers are facing more and more contract risks and may encounter a variety of rights and interests damage.This situation not only destroys the substantive fairness of society,but also hinders the normal market development,destroys the healthy operation of online transactions,and has an adverse impact on the economy.Based on the above factors,this article makes an in-depth study on the network click contracts,introducing it from the perspective of its concept,characteristics and development,then expounding the risks of Internet Click Contract combined with the relevant cases of Internet Click contract.So that we can find out the root causes of the risk of the click-wrap contract and put forward corresponding suggestions,in order to continuously improve the click-wrap contract and protect the legitimate rights and interests of online consumers,at the same time,it will also promote the healthy development of the Internet economy.This paper combines documentary analysis and case analysis together.The documentary analysis is used to find out the usage of click-wrap contracts in China.The case analysis is used to find out the risks of click-wrap contracts,not only in legal region but also including economic risks and moral risks.The first chapter introduces the method and the background and the meaning of this research,describing the current research situation and the research trends in China and abroad.The last chapter is chapter six,in this chapter we summarized the experience from the research in the Cyberspace governance direction.Except the first chapter and the last chaper which are respectively named introduction and epilogue,this article is in additionally devided into another four parts.The first part gives out a brief introduction of the development and the present situation of network click contract.The second part discusses the problems within the present situation,which are namely the risks of this region.Those are the risks of the jurisdictional domains dispute,the risks of unstability of legal validity and the risks of the abuse with click-wrap contracts.The third part analyzes the causes of the risks.In the fourth part,this research finds out some common countermeasures to regular or control the risks with network online click-wrap contract from some existed documentations.Based on the above,our research finally comes to a conclusion,which is the common suggestion to regular online click contracts.They are the suggestions of perfection in legislation,the suggestions of perfections in administrative management and the suggestions to enhance the news media supervision.Click-wrap contract is a new style which breaks through from the traditional one.In order to balance everything in this world,I wishing this paper could actually make some contribution to the regulation of the network online click contract risks.