The Research On The Legal Issues Of The Transnational B2C Internet Trading In China

Along with the popularization of the internet, e-business, especially the business pattern featuring by B2C, becomes a new hit worldwide. However, due to the feature of e-business, our current civil law seems to be out of date for the relevant legal issues. Therefore, some amendments need to be made to the current law. The legal issues in connection with transnational B2C,which is different from domestic B2C, are worth researching.Regarding the features of transnational B2C internet trading, there are four main issues existing in the transnational B2C, which are:According to the prevailing China electronic signature law, there is no clear statement for clarifying"electronic signature with reliable conditions"have the same effectiveness as these made in writing. Therefore, even both parties have reached consensus towards the the reliable conditions of the electronic signature, the effectiveness for conclusion of the electronic agreement still can not be secured. This is against the protection of the consumer's rights.According to relevant China bank law, the holder of a international credit card shall take all the responsibility under the condition of unauthorized use. This is obviously against the protection of the consumer's rights. According to the contract law, in the event the standard clauses are used, even if the operator does not execute the obligation of reminder, there is no penalty for such violation, which is also against the protection of the consumer's rights.According to China civil procedure law, as the agreements with consumer do not have special protection of jurisdiction from domestic laws, the operator may damage the interest of China consumer by defining foreign jurisdiction in its standard clauses.Therefore, this article gives an introduction and analysis to the solutions to the above issues from developed country through comparative law research. It turns out that these countries all has made laws to provide special protection for the consumers, which can be used as a reference to our country. In the last paragraph of this article, suggestion is concluded as follows:To the effectiveness of the electronic signature, our country should make laws to clarify the"electronic signature with reliable conditions"defined by the China Electronic Signature Law shall be has the same force and effect as the signatures made in writing. To the issue of responsibility for the international credit card using without authorization, our country shall have the no fault liability for this matter. In order to avoid dishonest, the"liability limits"may be applied to the consumers accordingly. To the issue of the notification obligation for the exceptional clause under the format agreement, our country should refer to the regulation in Insurance Law, requiring the operator to execute the obligation of notification, or the exceptional clause in the format agreement shall be void. To the issue of jurisdiction, a special jurisdiction system in relation to the consumer agreement needs to be established, in which the consumer shall have the priority to decide the jurisdiction of China court.