Study On Click-wrap Contract In Electronic Commerce Area

Click-wrap contract is one of contracts forms that are widely used in Electronic business transaction. It greatly promotes the efficiency of deal in the network. Click-wrap contract is a standard E-contract, which leads to its compound characteristic composed by both the character rustics of E-contract and those of traditional standard . Contracting party and on-line consumers protection are the most topic questions in click-wrap contract. Click-wrap contract has many advantages and has played a significant role in the development of electronic trading, but in the absence of special legal norms supporting the reality of situations, it also arise in various problems. In terms of the theoretical perspective from the traditional approach of private law, I used empirical analysis, comparative study of methods in "General Principles of Civil Law", "Contract Law" and "Consumer Protection Act".In addition to the introduction of this article and the concluding part, this paper is divided into five sections and is added up to about thirteen thousands words.The first part: The outline of the click-wrap contract, which arises from an analysis of the direct cause of click-wrap contract .With the traditional form of contract and with the traditional format of the contract, it compared to the characteristics of its host.The second part: The party of the click-wrap contract. Online consumers'ability is still applicable to the meaning of "General Principles of Civil Law" and other relevant provisions of the traditional law. Click-wrap contract in the online transactions can be used to determine the identity of your password or e-mail again, to confirm setting mode Physical appearance or recognition. Using the above identification methods, if the party of the Click-wrap contract be a lack of capacity, the other party can not confirm the identity of the principal, so the presumption of such capacity is seen as the capable person. The electronic agent does not have its own legal personality, it means that the consequences attributed to people who use its.The third part: Click-point contract process. It is necessary to offer a more rigorous differentiation between offer and invitation to offer. The actual transaction process was often the existence of a large number of ads and spam e-mails , which can not be filled into the contract the parties relative to the specified e-mail, how to divide the risk? The storage, transmission and reception of information occurs when e-mail technical interference, resulting in loss of or delay in arrival of e-mail, this means that the risk of further division? These problems, this paper argues that: the parties can "offer the service of confirmation" manner. It is confirmed the information here refers only to confirm receipt of the original information, and receive information on whether the consent can not be confused.The commitment would also like to distinguish between the entry into force of this issue: The offer who is the business organization, in general, can be a normal working day in a timely manner to check their e-mail, it can be found in time to the other party made the commitment; The offer who is an individual users, as individual users to check their e-mail time and frequency is very arbitrary, so there is likely to find the other party to the commitments made have been issued over the period stipulated in the offer, at this time should be applied on "contract law" provisions of the 16th second, the commitment to enter the user's computer system the first time as a time of arrival.The meaning of the offer in the click-wrap contract is that to be allow the principle of withdrawal and to be withdrawal does not allow for exceptions, the same may be withdrawn have been accepted by the commitments.The fourth part: the online consumer special protection. There is no specific consumer protection law in click-wrap contract. The application of traditional "consumer protection law" come into a lot of problems which is the lack of online consumer privacy protection, so it is the necessary technical measures to protect Internet Privacy, and also to amend the laws and to enact new laws.By the network operators provides article, the biggest challenges for the online consumers are no right to fair trade. This paper divided this format into null and void content of the terms and unreasonable terms, and detailed the terms, and made a distinction between effectiveness.The last part: Civil liability for the ISP of the click-wrap contracts. It is worth to notice ISP which is a special party in the click-wrap contract. The tort liability of the ISP can be divided into direct infringement liability which application of Contract Law and Tort Law, and indirect infringement liability which is only responsible for tort behavior. The core of the tort lies with ISP's controllable power. In addition, ISP should be added to assume responsibility, for consistent with the rights and obligations in accordance with the principle.