Network Consumer Contracts The Terms Of The Rules Of Quality Research

With the rapid development of information technology, the high utilization ratio of the Internet, the popularization of networked life is continuously growing. Many traditional behavior patterns have changed distinctly. With the increasingly diversification of consumption patterns and the complexity of consumables current life, traditional shopping patterns arc being impacted by the Internet, network transactions has gradually entered people's daily life and became their favorite shopping habits day by day. As a product of times, the convenience of network transaction is highly welcomed by the youth and middle-aged. Therefore the online shopping population and the amount of online transactions increase yearly. However, with the trend of flourishing online activities and the high dependence of people on online trade, E-consumers'rights protection issues arc gradually emerging. Due to the virtuality, openness and high technology of shopping online, consumers can not see and feel the real quality of consumer goods, instead, they can only know the goods though the introduction and pictures from seller. Hence, the possibility of how to get the enough quality information about the goods is limited. Under some cases, the way and contents disclosed by the seller are not easy for customers to understand and check. Above all, these issues can be viewed as the disobey of legislative intent of quality terms in contract and quality guarantee obligations, which are no good to the realization of consumers'legal rights.This paper starts from the viewpoint of the network transaction, with the analysis of the definition of network consumption contract, and the comparison of network consumer contract with traditional sale contract. Then, the basic theory of quality term rules is discussed, combined with special reflection of the rules in network consumer contract. In comparison with current legislation in network consumption contract field, foreign and international organization legislation practices provide a meaningful significance for China. It consists of four parts, here is the content:The first part defines the network consumption contract which lays the foundation for later discussion. At first, the definition, types and scope of network transaction discussed in this paper are concluded in general; then, through comparison of the definition of consumer at home and abroad, the concept of network consumer is clarified; the most important point is to define the network consumption contract. After analyzing the connection and difference between traditional sale contract and network consumption contract, we get the features of network consumption contract.The second part analyzes the basic theory of quality term rules in network consumption contract, including two parts:value reflection of traditional contract quality term rules in network transaction; jurisprudence basis of quality term rules. The foundational concept, identification of quality term and reflection of traditional contract quality term may be faced with new challenge when applied in network consumption contract. The theoretical foundation contains two points——substantial contract justice and good faith principle. The existence of quality term in contract originates from the right to know, mandatory notification obligation and defect guarantee duty.The third part lists some foreign network transaction legislation related to quality term rules. At present OECD, European Union and United States have developed relevant legal regulations on the network transactions quality term rules and protection for consumers'rights. The most representatives are the EU'S 'Consumer Protection Distance Contracts Directive','Online Trading Directive', 'Electronic Signature Directive'and'Comments on Unfair Terms Directive of Consumer Contract', the U. S.'s'Uniform Computer Information Transactions Act'and'Uniform Electronic Transactions Act'. Through the listing of the most representative acts and directives, the author expects it could be helpful for the development of China'S quality term rules in network transactions field.The last part make a careful consideration about current legislation condition with regard to the quality term rules in China, and covers ways to improve China's quality term rules legislation of network consumption contract in the network environment. It makes some piece of recommendations that we should establish our own legislation pattern as soon as possible and draft independent network consumption contract law to regulate the quality term rules in network transaction. What's more, some advanced system abroad such as mandatory notification obligation and cooling off to help resolve the issues and protect consumers'legal rights better.