Study On Some Problems Of B To C Electronic Contract

With the rapid development and wide application of Internet technology, our country is in a medium of the Internet to e-commerce era, the Internet has a profound impact on our social life. Legal problems of electronic contract and highlight the gaps in the law, especially obvious in enterprises of personal electronic shopping areas. According to2011"safeguard legal rights with dangdang.com from thousand adults" case as an example, linking theory with practice, many legal problems of electronic contract leads to lack of B TO C mode as well as the special law appears, according to the analysis of these problems, comparing the domestic and foreign related case trial results and principle, and based on the present situation of legislation in our country at present to throw out suggestions and provide reference for the legal research in this field.This paper consists of four chapters. The introduction part will introduce the case of2011"safeguard legal rights with dangdang.com from thousand adults". The first chapter through the case in the introduction,by analysis of the debates of the parties, mainly has following several legal points:1. Whether the B TO C contract is established or effective?2.How the electronic error which the company website of dangdang.com referred to in the case as staff errors in the wrong mark influence on the electronic contract?3.Whether dangdang.com can unilaterally canceling the purchase contract?4. How to identify the clauses on Dangdang.com and their effectiveness?The second chapter through the analysis and comparison of B To C contract and traditional contract special electronic contract and then analyzes the legal relationship between the B To C electronic contract, the rights and obligations of the parties of the contract.The third chapter by analyzing the introduction case-"safeguard legal rights with dangdang.com from thousand adults" specifically analyze the four issues raised in the first chapter, figure out the solutions for the case by comparing domestic and foreign relevant legislation, reason and judge handling similar.The fourth chapter through the analysis of the legal responsibility of both parties in B To C electronic contract, combined with the case of "safeguard legal rights with dangdang.com from thousand adults", analysis of dangdang.com and network consumer responsibility, find out the party which legal responsibility finally should burden.The relationship between e-commerce and our lives is more and more closely.We make electronic contract almost every day, in the virtual network, but due to the lack of laws and regulations for direct terms, the resulting problems are more and more obvious, therefore, more attention and study is needed, the way to solve the contradiction is also needed. This paper aims to analyze several important problems. Linking theory with practice, comparative law and justice at home and abroad, to find the B To C electronic contract transaction both sides benefit balance, fair and reasonable solution to the problem.