A Research On Format Clauses Of E-Commerce Contract

Now in China, the e-commerce affairs has entered into a vigorous development period benefit by the innovation of personal computer technology, the stability and development of network service and the acceleration converge of global logistics. The convenience of e-commerce will be surely give ordinary consumers with beneficial choices, but new forms of consumption disputes and lacking of legal protection cannot be ignored behind these remarkable sales data. One of these new problems is the conflict between the format clauses abused in contract and the protection of consumer rights. From the angle of protecting consumers rights and promoting the healthy development of e-commerce, hope this paper will put forward reasonable suggestions for problems such as legislation of contract clauses, dispute resolutions and so on, expecting that the format clauses conform to the concept of social fairness and justice while playing in economic efficiency at the same time.In China, the use of quantities of format clauses are indeed with some reasons, and they are essential and valuable in e-commerce contracting nowadays. But in the e-commerce environment, format clauses is worked out before the negotiations and to use with not a particular person; the communication itself has certain asymmetry. So the vendors will often use format terms to relief the duty for themselves, or aggravate the duty for the consumers. Such disputes also threat the healthy of e-commerce in the long-term development. Studying with the characteristics on format clauses of e-commerce contract, the mature norms in other countries, regions and international organizations are worthy of our discussion and reference.Consumers often hit the jackpot when they join e-commerce relationship. Lucky to buy the right one in chance, unlucky to resell or have to gift to the other person while the product is not fit only themselves; consumers but also cannot get favorable protection if some profiteer use e-commerce platform selling fake and low-quality commodities. Signed a e-commerce contract which is full format clauses are hazard, for once you meet a disputes, there is no useful ways to solve it. This is just one of the performances in the relevant legal provisions in imperfect that format clauses on the e-commerce contract. The loopholes in legislation and dispute resolution mechanism which is not smoothly are combating the e-commerce consumers' confidence. Therefore, in the statute areas, we'd better perfect e-commerce laws. Make the e-commerce relationship be more stable and be more anticipated. Surprising clauses cannot be written, set the calm period, regular the terms of format text and so on, will play an active role in this area. However, such legislation is not simply to protect the interests of a party, but to regulate the whole market to smooth all the aspects and maximize the protection of the interests of participants.Rome was not built in a day. Before the e-commerce legal system completed, we can choose a rational utilization of civil legal principle to resolve the contradiction. Furthermore, to improve the internal dispute resolution system, establish an online dispute resolution and promote the network court should be attached great importance. The development of the e-commerce cannot rely only on the single strength from one party and needs the union efforts of the government, enterprises, individuals, consumer organizations, and the legal theory.