Study On Exemption Clause Of Service Contract Of E-commerce Platform

Due to the large number of network users,e-commerce platforms formulate a large number of exemption clauses for platform service contracts to improve transaction efficiency.By signing platform service contracts with users,platform operators have realized connections with tens of thousands of non-specific users,and established corresponding rights and obligations between platform,platform operators and consumers.Disclaimers embedded in lengthy platform service contracts are difficult to attract sufficient attention from users.The judicial review of the validity of the exemption clause is modest enough,and platform autonomy shall be respected under certain conditions.However,the judicial practice also shows that due to the change of the role and function of the platform,only relying on civil legal norms can not meet the practical needs.Disclaimer legal regulation effectiveness is the basic method of control,should insist on fairness on the basis of balancing efficiency,by clarifying the legal regulation on the basis of,clear classification standard and detailed examination standard methods such as improving the law system of exemption clauses,in promoting governance stakeholders to participate in the platform on the basis of the coordination of autonomy and the rule of law.In addition to the first chapter introduction,there are five chapters:The second chapter discusses the basic connotation and characteristics of the exemption clause in the service contract of e-commerce platform.It is defined as a contract clause that excludes or limits the future liability of the platform in the contract made by the platform for the purpose of establishing e-commerce legal relations between the platform,the operators on the platform and consumers.In essence,it is a standard exemption clause,which has the basic characteristics of reusability,pre-preparation and non-negotiability.At the same time,as the product of the development of information technology,the disclaimer clauses of platform service contracts also show unique characteristics of concealment,non-perspective and coexistence of civil and commercial nature.The third chapter analyzes the text of exemption clause of service contract of e-commerce platform,mainly discusses its application status and main problems in e-commerce transactions.Taking the top 10 e-commerce platform service contracts with market share as the research object,this thesis examines the external form and content validity of the text.The problem of prompt mode is that the service contract of e-commerce platform is long and the user’s choice is insufficient,so the special prompt mode is difficult to attract the user’s attention.In terms of text content,the problems are mainly manifested in the improper exemption of the platform information review responsibility,improper exemption of the platform unilateral suspension or termination of the contract responsibility and improper exemption of the platform unilateral modification of contract content responsibility.The fourth chapter analyzes the judicial practice status and existing problems of exemption clauses of service contracts of e-commerce platforms.Through the analysis of judicial cases involving exemption clauses in service contracts of e-commerce platforms and the reasons for the validity and ineffectiveness of the exemption clauses of court judgment are reviewed,it can be found that the basic attitude and main problems of China’s current judicial judgment are as follows: First,the judiciary is very cautious about denying the validity of exemption clauses;Secondly,there are differences on the examination standard of the reasonableness of the prompt mode.Finally,there is no significant difference in the criteria for examining the validity of commercial and consumer exclusion clauses.The fifth chapter analyzes the main causes of the problem.The internal reasons are mainly reflected in: first,the lack of clear formal examination standards and specific content examination standards;Second,the exemption clause system does not distinguish contract types;Third,the connotation and standard setting of platform obligation are not clear.The external reasons are as follows: on the one hand,the user’s decision-making mechanism causes incomplete information;On the other hand,platforms abuse their dominant position to induce unfair trading.Chapter six puts forward some suggestions on improving the legal system of exemption clause of service contract of e-commerce platform in China.From a macro perspective,the essence of the legal regulation of e-commerce platform service contracts and their exemption clauses is platform governance,which is an important content to balance rule of law and autonomy to achieve collaborative governance.To improve the legal system,it is necessary to further clarify the principles of legal regulation,clarify the basis of legal regulation,clarify the categorical regulation norms,refine the effectiveness review standards and set up reasonable platform obligations.