The Contract Analysis About B To C Mode Of Online Shopping

Today, with the quick development of electronic commerce, online shopping is increasingly appreciated by the majority of people. However convenient it is, it also brought many unresolved problem to the traditional law realm. Currently, China has no related and concrete provision in online shopping, just applying some principle regulations while problem appearing, obviously this is disadvantage in consumer rights protection. This text choose the B to C mode of online shopping as the analytical point, discussed the relationship of online shopping contract and the traditional business contract, analyzed the conclusion, execution and fulfillment of online shopping contract, studied the subsequent contract obligation and the unfair contract terms. Draws that the general business contract theory shall apply to the online shopping contract, yet as online shopping contract is difference from general business contract, the parties entered into a online shopping contract shall perform its obligation in accordance with the online shopping contract to assure the fulfillment of the transaction. Subsequent contract obligation shall emphasize the protection of consumer's rights, as the more widely use of unfair contract term in online shopping contract makes consumer in a more disadvantage position. As a new shopping model, it is not enough to depend on the self-fulfillment of the parties in online shopping contract before related law is adopted, the authority-in-charge shall exert all its power to regulate the behavior of the seller and the consumer, such as providing sample contract, to protect the rights both of the seller and the consumer.