Study On Balance Of Interest In The Shrink-Wrap Contract

Shrink-wrap contract is the major form in computer software transaction. It is also a new type of standard contract at the Internet times. The rise of the shrink-wrap contract challenges the tradition contract law. The present paper, therefore, puts forward some advices to its legislation in China according to other foreign countries' legislation and administration of justice. the interests of both sides in the shrink-wrap contract gets more academic discussions . When some the legal disputes of shrink-wrap contract happen, we may use some relevant laws, for example Contract Law, to solve. So the balance of interests in the shrink-wrap contract has to be resolved as soon as possible.In the first chapter, the author gives a brief and overall introduction of the summarization, because of the special nature of the shrink-wrap contract, the characteristics. Meaning and common form of the shrink-wrap contract have focused in this part. In the second chapter, the author puts forward some question about the shrink-wrap contract. In the third chapter, from the perspective of consumers and software developers, the author analyzes the questions about the balance of interest between them. In the forth chapter, the author narrates some advanced experience of national legislation, particularly the relevant provisions of 'the Uniform Computer Information Transactions Act' in U.S.A. And the author gives some suggestions to the legislation on balance intersest between consumers and software developers. In the last chapter, the author gives an some suggestions to the legislation on computer information transactions in our country.