| B2C E-commerce contract form is a combination of modern Internet technology or electronic way and traditional consumer contract,but in essence,such electronic or technical characteristics have a profound impact on the contracting capacity and performance of operators and consumers,so that it is different from general consumer contract particularity.It also creates the demand for rule innovation and interpretation innovation of such contracts.Although legislation is to some extent the fundamental solution to this kind of problem,it is of more practical significance to establish a set of interpretation rules or methods to adapt to the needs of this kind of contract adjustment from the perspective of flexible development of business innovation.The B2 C E-commerce contract and its format manifestation have distinct technical characteristics,which are specifically manifested as the complexity of information as expression of meaning and contract terms,the infinite propagation of transaction information due to links,the virtuality of subject identification,and the particularity of contract conclusion mode.This kind of characteristic to some extent intensifies the inferior position of consumers in information,resulting in serious infringement of consumers’ rights and interests.The existing legal rules lack special consideration for the technical characteristics of electronization.No textual interpretation,system interpretation,purpose interpretation or customary interpretation are all established in the traditional transaction mode,which cannot effectively apply the transaction mode innovation brought by the development of new technology,resulting in stiff application of regulations and unreasonable interpretation results in judicial practice.In judicial practice,it is specifically manifested as the wrong identification of the scope of B2 C E-commerce contract,the wrong judgment of the meaning between contradictory expression of intent and binding force.Therefore,the traditional theory of contract interpretation can not reasonably solve the problem of B2 C E-commerce contract interpretation.The interpretive theory of distinguishing between the presence and absence of another person comes from Germany.In the German civil law circle,there exist some viewpoints on expression of intent and contract interpretation methods,such as objectivism,subjectivism and dualism,but none of them can solve the problems in interpretation satisfactorily,let alone provide theoretical support for B2 C E-commerce contract interpretation which is characterized by technicality.Professor Larenz’s interpretation theory of effectiveness representation gives up the abstract and simple subjective and objective factors,connects subjective and objective factors through attribution,takes the monism of effectiveness representation as the theoretical support of interpretation,and focuses on the different meanings of effectiveness representation in specific situations.The theory of interpretation of effectiveness representation reserves theoretical scope for technicality.Therefore,combining with the technical analysis of B2 C E-commerce contracts,this thesis adopts the interpretation theory of effectiveness representation and the liability of effectiveness representation must be considered,the specific group combined with e-commerce operators and consumers and its context,the requirements and value basis of legal order for the interpretation of B2 C E-commerce contracts,the information as the effectiveness representation of content provided by the dominant position of e-commerce operators and consumer rational person.Therefore,the interpretation method of B2 C E-commerce contract is established from two aspects: the judgment of the expression of intent and the determination of the scope of the contract,the determination of the meaning and binding force of the expression of intent.Specifically,it focuses on the system interpretation between different types of information of B2 C E-commerce contract technology,the textual interpretation of various carriers,the habitual interpretation in the sense of consumers and other specific interpretation rules.The above interpretation methods and rules are also applicable to the standard clause,but the way of the "check box" and "popup" as the criteria for determining the reasonable attention of the other party are inconsistent with the conclusion of this thesis,so I hold a negative view. |
