Contract Issues Of Online Shopping In Mainland China And Hongkong

Online shopping has expanded greatly.As a new consumption pattern, it was more accepted by the people and become an indispensable part of living of them.Online shopping contract is a kind of electronic contract. There are some characteristics of Electronic contract which are in Online shopping contract too.Online shopping contract is made through the network completely.Because of it's expansion,there are such of legal gaps of the contract issues which can't be solved.By the way,how to solve the contract issues of online shopping in Mainland China and Hong Kong is very important.The legal system is different between these two places.It can be understood by the analysis of the law in Mainland China and Hong Kong.To strengthen the cooperation of trade between Mainland China and Hong Kong,it will be helped for the development of online shopping.In this thesis,we will talk about several contract issues on online shopping.This thesis is divided into three parts.The first chapter is the introduction which is about the concepts and the general model of online shopping.By analyzing the characteristics of it and categorize it appropriately,we will know more about it deeply.Chapter 2 is a main part of this thesis.In the chapter,we will analyze the relevant provisions of the contract issues in Mainland china and Hong Kong.Basically,there are no specific regulations about online shopping in Mainland China and Hong Kong.In order to strengthen the practical application of the law,the basic rules of contract will be discussed in this chapter.We will analyze which rule can be applied to the online shopping contract and point out the legislation blank.We also will cite a few of cases, so that the readers can understand the rules of online shopping contract more easily.This chapter is divided into three parts:The first part is about the subject matter of online shopping contract.What kind of matters will let the contract be null and void will be listed.The second part is about the legal effect of the online shopping contract which is signed by the person who is civil disability or limited in capacity.The third part is about the provisions of standard contract clause.We will discuss about the Click-though contract and Shrink-wrap license.On the other hand,the rules of Exemption Clause will be analyzed in this part.Chapter 3 is about the resolution of dispute.We will give some suggestions on legal legislation about the online shopping contract.To be summed up,the development of online shopping needs a well legal environment,as well as the societal adjustment and the self-rule of the shopping network.