Analysis On Some Problems Of Online Shopping Contract

With the popularity of computer and the further development of Internet. Purchasing Online is accepted by more and more people as a new type of trading mode. Consumers in online transactions using the form of contract in the network shopping, belonged to a kind of electronic contract. Due to the particularity of this trade, and the current domestic legislation regulation specifically for the network shopping is not yet completed, which produced numerous network contract disputes, affecting the safety and ordering of the network shopping environment. In this paper I will talk about three typical cases as a breakthrough point, put forward many problems about the formation of contract, subjects of contracts, standard terms, sharing my point of view.In this paper, the main structure consists of three parts:the first chapter mainly analyses the formation of contract in the network shopping. Main content includes the distinctions between an offer and an invitation to treat, the time that electron contract set up, etc. Through the analysis of "Dangdang cancelled the order", we can understand the standard of the formation of the contract in the network shopping and time, providing a reference to deal with problems for the future similar dispute resolution. The second chapter mainly discusses the subjects of contract in the network shopping. Discuss typical problem in the subjects of contract-capacity contracting of minors., which fit in with the current network trend of younger age.Through a "three-year-old children buying a car online" case analysis the differences between Anglo-American law system and China law system in dealing with the corresponding problem.Trying to find a suitable amendment for China’s law.The third chapter is mainly about the standard terms in the network shopping. We widely used standard terms in online transactions because of its peculiar traits. But online merchant is likely to set the format of the terms and be detrimental to the interests of the consumer protection as for the dominance status in the network. This chapter will talk about a format clause dispute of Jingdong mall who is one of the domestic famous electric merchant, analyzing the network shopping environment of format terms and validity of format provisions. Through the analysis of this article, the author tries to reveal many complicated issues in the network shopping. We should always implement safeguard consumers’ legitimate rights and interests try to promote healthy and orderly development of online trading principles. We should try to explore suitable laws and regulations for China’s network shopping system, achieving the virtuous development of the industry.