The Research On Consumer Home Jurisdiction Of China's B2C E-contract

In the e-commerce, B2C e-commerce develops fast.In the B2C e-commerce, consumers and business make the contract through the network. Network is unbounded and open; B2C contracts will involve other factors.Currently, B2C e-contract dispute proceedings on line. Dispute proceedings can be divided into non-complaint resolution mechanisms and settlement mechanism. If it involves litigation, the jurisdiction of the international civil and commercial litigation will be conflicted. Resolving the dispute settlement mechanism is the most effective way, and the results obtained through litigation more authoritative and enforceable. The traditional jurisdictional rules are attacked in a networked environment. To resolve conflicts of jurisdiction in common law countries use the principle of forum non convenient and anti-suit injunctions, civil law countries use the first Appellate jurisdiction, but these principles in the network environment changes a little less viable, and our implementation of"one country two systems", whether common law or civil law countries do not apply the principle of national jurisdiction, there is an urgent need to select a suitable rules of the jurisdiction of the safeguard our sovereignty and interests. China's B2C e-commerce development is very fast, but whether the"Contract Law"or"Electronic Signature Act"do not involve a dispute concerning the jurisdiction of the electronic contract provisions, and B2C electronic contracts on the jurisdiction of disputes not many, this will definitely affect the development of B2C e-commerce, so as soon as possible to determine the legislative jurisdiction of the principle of benefit to consumers that the jurisdiction of the home jurisdiction. In B2C contracts the two sides is unequal, although the development of the network makes the position of consumers has increased, but the business is still opposed to consumers in a weak position, so in the research network under the jurisdiction of the rules of the environment should focus on protecting the legitimate rights and interests of consumers. This paper studies B2C contract litigation settlement mechanism, by studying the EU"Brussels rules"and"On the Civil Jurisdiction and Judgments Convention"consumers place on the draft description of the jurisdiction and the jurisdiction of the home jurisdiction in different countries, summarized the advantages and disadvantages of the home jurisdiction, combined with China in the Internet age is still a relatively weak information importing country. In the B2C electronic contracts benefit consumers to be followed in principle that the jurisdiction of the consumer home jurisdiction, the jurisdiction of the home of the consumer and how to make our country better. Through this paper, in hopes of China's B2C e-settlement of contractual disputes better.