Research About The Standard Clauses In Online-shopping Contract

At the end of 19th century, the standard clauses which appear in some areas had huge impact on the freedom of contract principle. The standard clauses refer to some clauses that one party drafts in advance but not consulting with the opposite party. The standard clauses change the traditional way of making a contract, it make the"meet of minds"in the traditional contract out of existence. After 1950s, almost all the commercial fields used the standard clauses extensively. But with high development of the information and electronic, A new shopping mode-Online shopping appeared after 1990s, it challenges the tradition shopping mode. Every consumer with the experience of online shopping will find a large number of standard clauses in the service contract and purchase contract on the net. Besides its inherent drawbacks, these standard clauses also attach some special problems for growing in the new exchange media. The changing of new transaction mode and new trade tool will impel new changes and innovation in the legal field. Therefore, how to control all respects of the standard clauses under the network environment has become the key point of this thesis. This thesis is mainly divided into five chapters:Chapter one mainly introduces the general theory of standard clauses. This chapter has explained the concept, the nature, the character of the standard clauses specifically. At the same time, it also introduces the standard clauses'legislative situation of some countries in the world.The standard clauses were drafted in advance by one party, then how to bring it into the online shopping contract effectively? Chapter two expounds the conditions that standard clauses subscribe into the online shopping contract, including the positive condition and the negative condition. It also has some concrete commentaries to the article 39 of contract law of our country.After the standard clauses have been brought into the online shopping contract, how to explain their meanings if the content would be fuzzy or the relative person has some suspicions? Then Chapter three discusses the explanation of the standard clauses in the online shopping contract. Traditional explanation principle of the standard clauses will be also applicable in the online shopping contract. But some concrete problems still need concrete analysis at the network environment; then the Chapter expounds the special explanation principle of the exemption clauses and the concrete applicablication of this principle on the net.After the explanation to the online-shopping standard clauses, how to assert the effect of the standard clauses becomes the problem to be solved. This is a content of chapter four of this text. Chapter 4 explains the effect of the standard clauses in traditional situations and analyzes invalid standard clauses and the standard clauses that can be cancelled; Secondly, the chapter has enumerates and analyzes the invalid standard clauses in the contract of online shopping. This chapter is continued to discuss two kinds of contracts on net: the click—clap contract and the shrink-wrap contract. Finally, it makes some evaluations and analysis to article 41 of the contract law of our country.In view of the fact that the net is characteristic of hypothesized, non-central, it is the necessity to carry on some legal and other regulations to the network standard clauses. Chapter five has expounded how to control the online—shopping standard clauses. The ways to control the standard clauses includes: legislative control; administrative control; judicial control; folk organization control.