| Along with the rapid development of Internet, online shopping become this erafashion fast way of shopping, people are enjoying the convenient at the same time,given by the new era also encountered some problems, unreasonable format terms isone of them. So-called format terms is drawn up in advance by a party for repeateduse, and when the contract terms to negotiate with each other. This clause in thecontract of online shopping heavy use, mainly because of its itself has somecharacteristics, such as do not negotiate with the other party so as to save transactioncost, fast and convenient, save time, etc. But everything has two sides, onlineshopping format terms is not exceptional also, we are enjoying convenient at the sametime also see behind it defects, such as the restrictions on the freedom of contractprinciple, the content is not fair, few meet tort relief way. As the network shopping inrecent years, the rapid development of network shopping format terms infringementcases has been increasing, which will seriously violate the legitimate rights andinterests of consumers, hinder the healthy development of online shopping. There isno unified method of e-commerce in our country, although have relevant legalprovisions in contract law, but is too general and principle, and can’t effectivelyregulate format terms. This article’s research, the purpose lies in better understandingthe network shopping format terms and unreasonable format clauses in the contractviolation of consumer rights and interests, improving suggestions on the regulation inour country, in order to better promote the development of online shopping and tofurther promote the development of economy.Chapter in this paper, four main points of the network shopping format termsrelated problems are discussed:The first chapter is mainly to online shopping and related concept, thecharacteristic of format terms to overview of basic issues. The further introduction tobelow.The second Chapter of format terms of shopping on the net a contract negativeconditions and positive conditions are introduced, and then introduces theinterpretation of terms and conditions of the online shopping format principle, finally,two typical online shopping click format contract and tearing the authorization contract, let us more clearly recognize the problems that exist in the online shoppingformat terms for below the regulation lay the foundation.The third chapter mainly introduced the our country legal regulation on onlineshopping format terms, legislative regulation are mainly introduced and the existingproblems, for later introduced the perfect foundation.In the fourth chapter the overseas legal regulation on Internet shopping formatterms, including Germany, the United States, the European Union, by comparing theobtained our country legal regulation of the online shopping format terms improveadvice. Including legislative, administrative and judicial relief and other aspects. |
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