Study On Standard Contract Clauses For On-line Shopping

The standard clauses refers to some clauses that for using repeat, one party drafts in advance and without consulting with the opposite one. In the early of19th century, the standard clauses appeared in agriculture, handicraft industry, and then it was applied widely in public area and all walks in life. Now the standard clauses is indispensable in trade.With the rapid development of the economy, different from the traditional business model, the new e-commerce mode comes into being. The on-line shopping which can trade in the virtual environment was born and developed with the e-commerce. On-line shopping has become irresistible trend, as its transaction volume is climbed quickly; the legal problems follow close in succession, especially the standard clauses. Because of the specific characteristic of the on-line shopping and the standard clauses, how to protect the legal rights of the costumers and how to prevent the business to abuse their right which to drafts the contents of the standards clauses becomes the key point of the thesis. This thesis is mainly divided into five chapters:Chapter One mainly introduces the general theory of the standard clauses and the on-line shopping. This chapter has explained the concept, the character of the standard clauses specifically and so on.Chapter Two mainly analyze the content of standard clauses in different trading models and concentrates on terms and conditions for incorporating standard contract clauses into contract for on-line shopping.The main points Chapter Three explores the problems of the standard contract clauses for on-line shopping which including the form and the content. Except that, the chapter also explains how to interpret the standard clauses when the content is indistinct.Chapter Four revolves around the legality of standard contract clauses for on-line shopping, not all standard clauses in the contract are validity, and some are of no avail, and some can be concealed. Chapter Five lists and analyses the legal governances to regulate standard clauses for on-line shopping. Armed with legislative, judicial, executive and other effective governances, in this part I give some approaches to regulate these clauses.