| In the past two years,the new crown epidemic has caused a huge impact on the global economy.However,cross-border e-commerce has grown against the trend and has become the main force driving the consumer economy.However,it is accompanied by the increasing number of foreign-related online consumer contract disputes.As a vulnerable group in foreign-related civil legal relations,it is extremely difficult for consumers to protect their rights,and a strong applicable law is needed to protect the rights and interests of consumers.The convenience of the Internet has brought new challenges to the traditional legal application rules for foreign-related consumer contracts,and further exacerbated the disadvantaged position of consumers.At the same time,there are problems in my country’s legal application rules for foreign-related consumer contracts,such as the unclear definition of the scope of consumer contracts,the limitation of consumers’ unilateral legal choice,and the inability to substantially protect consumers’ rights and interests.In the case of the applicable contract law,there is also a lack of online response measures to the impact of traditional legal application rules.This article is discussed from four chapters.The first chapter is about the basic legal nature of foreign-related online consumer contracts.First,it defines the scope of foreign-related consumer contracts,and secondly,it analyzes the new characteristics of foreign-related consumer contracts in the network environment.The second chapter conducts a detailed study of the legal application rules of foreign-related online consumer contracts,starting from the challenges and dilemmas brought by the Internet to the legal application of traditional foreign-related consumer contracts,and compares and analyzes the legislative status of foreign countries and regions.This paper summarizes the characteristics and commonalities of its legal choice mode,and provides reference for the legal application of foreign-related online consumer contracts in my country.The third chapter studies the current situation of the legal application of foreign-related consumer contracts in my country from the aspects of legislation and judicial practice,and summarizes the loopholes in legislation and the shortcomings in judicial practice.The fourth chapter,based on the new characteristics of foreign-related consumer contracts in the network environment and the new challenges faced by the applicable laws and regulations,and combined with the advanced legislative models outside the territory,based on the original provisions,gives the laws of my country’s foreign-related online consumer contracts on the basis of the previous research.Suggestions on improving the application,and redesigning the law selection rules for foreign-related consumer contracts in Article 42 of the Law on the Application of Law. |
