Administrative Supervision On The Click-wrap Contract

Nowadays, various aspects of people's lives have been closely connected to the network. While the network brings us conveniences, some problems not to be ignored have been resulted in. One of the problems deserving prior attention is "administrative supervision on the click-wrap contract". The click-wrap contract is a kind of complete computerized contract of standard form, which achieves the electronic transaction through internet software. The application agreement of the E-mail service is a typical example. The contract is swift, highly efficient, convenient, fixed and economical, therefore, it has been widely applied in cyberspace. However the contract infringed consumers' right to know and the privacy right, and brought on the unsolicited e-mails Ads, destroyed bargaining freedom and social justice. In order to solve these unreasonable problems, to restrict the unfair behaviors that harm interests of society and consumer, to correct the defects of self-regulation and law supervision, government must strengthen administrative supervision. Therefore, consumers'rights and interests would be better protected; in the meantime the development of Internet and e-commerce would be promoted. At present,there is no certain model efficient for supervise the contract. So the government should adopt appropriate means of administrative supervision, such as the means of administrative guidance to administer by law and regulate efficient, the means of administrative norm to draw up fair and concise terms, the means of administrative protection to remedy the interests of consumers and the means of administrative penalty to keep interests balance. The specific content of administrative supervision on the click-wrap contract goes into three levels: In the subordinate level, the administers who supervise the contract should develop consciousness of supervising scientifically and formulate flawless contract. In the basic level, the government should focus on self-improvement and follow the development of internet economy. In the super ordinate level, the cost of government supervision should be cut down and all kinds of barriers should be eliminated step by step to achieve the final goal of administrative supervision.