Research On The Risk-bearing Of Internet Sales Contract

With the rapid development of computer and Internet technology, the world hasentered the era of information technology. The network life gradually become anindispensable part of people’s lives. A variety of network-based services, games,transactions, etc. are gradually influence and change people’s lives, work andtransactions. Network transaction provides people with a new trading platform.Online payment, online securities trading, online ticketing, the rapid increase in theproportion of online shopping and other forms of online trading transaction inpeople’s lives. The traditional way to trade is impacted by the network transactions.Now people has not only confined to the face to face to the store to buy needed things,more and more people begin to choose online shopping. The network shopping is animportant part of online transactions. It is a kind of Internet as the medium of datatransmission, buyers and sellers through the electricity provided by the networkoperation platform to show goods, goods of choose and buy of way to trade. Networksale has the advantages of low cost, fast speed, convenient operation,information richadvantages，but due to the network sale of virtual and electric business, logistics andthree party involvement, extremely easy to cause the asymmetry of information ofbuyers and sellers that increased risk. Who burden the internet sales contract risk inperforming directly affect the interests of the parties to a contract. In recent years, thenumber of disputes arising therefrom great, and our laws do not clearly defined its,which is not conducive to the development and resolve trade disputes. Therefore, theauthor from the particularity of the network business contract subject matter of riskand the burden of risk, discusses the performance of the network for the sale processof winning matter who burden the risks. And make recommendations accordinglydepending on the situation, in order to be able to contract for the sale of the networkto improve the relevant legislation has played a catalytic role.The article write this thesis from the particularity of material risks arisingnetwork for the sale of the subject of the winning start, further elaborated particularitythe subject matter of the contract of sale and network risk network for the sale of the subject matter of the burden of risk characteristics. As the network and the traditionalsales contract for the sale transaction is different, only the details and understand theproducts via the Internet to reach a consistent meaning when the transaction betweenbuyers and sellers, therefore the buyer’s perception of the subject matter is virtual.To complete the network for the sale of the Alipay, the bank’s online banking,logistics and other third-party intervention; online trading process network technicalerror, hacking and other problems that may arise, the subject of the decision toproduce these special risk network for the sale of the subject matter Compared withthe traditional contract of sale is to be extensive. In addition, the network virtualproduct, software, e-books and other data items are also included in the scope ofnetwork sale of the subject matter of the contract, the risk also makes network salecontract subject matter is more widely. So the risk burden of network sale contractsubject matter can not be completely applicable regulations on the burden of riskexisting in our country.Although the network sale contract can not be completely applicable provisionsabout the risk burden of our existing legislation, but it should also follow thetraditional discussion of network sale contract risk burden of subject matter. Nationallegislation and scholars of business contract risk burden mainly puts forward the threelegislative cases, contract of socialism, socialist ownership and delivery. In order tochoose the legislation of the burden of risk in the network sale, the author write aboutthis three legislations were superficial evaluation. In this thesis the limitations ofnetwork sale contract in contract doctrine, select the disadvantages and selection ofownership delivery advantage. Eventually the author think that the risk burden ofsales contract subject matter should apply to delivery. But our country law did notmake clear a regulation, to the time of delivery so how risk burden should beanalyzed according to different situations.If the parties to the risk burden on the network of buyers and sellers for the saleof the subject matter made the agreement, according to the principle of autonomy,agreed priorities. When buyers and sellers for the risk burden on the network withoutmaking the subject matter of the contract of sale agreement, the author analyzes weredone according to the classification of the corresponding network for the sale of the subject matter covered. The author thinks that the objects and data network sale of thesubject matter of the contract can be divided into tangible object of subject matter.For a tangible object: A. If the first payment before delivery, the risk of tangiblesubject matter within a certain period from the buyer to confirm receipt of the goodsaccepted, or at the expiration of the period after confirmation of receipt does notmake any sense represent a buyer when, after a reasonable period transferred to thebuyer during the bear; B. If the transfer of risk delivery, tangible subject matter andthe receipt of goods from the buyer to pay the price to the buyer bears; Fornon-replicated data of the subject matter of the risk from the buyer to effectivelygovern the data subject matter when the transfer shall be borne by the buyer. In thisthesis the author expounds the above idea in detail. In addition, the author also oftenmeet with the return of the subject matter on actual network business risk burden todo the corresponding analysis.Above all, in view of the special nature of Internet sales contract risk and riskburden, the subject matter in the contract performance risk greatly produced in theprocess of increasing. At present, the burden of regulations on risk and can not befully applicable to the network for the sale, so the choice of the applicable deliverydoctrine, the analysis should be treated separately depending on the network for thesale of a comprehensive regulation, in order to better maintain the network tradingtransaction security, and promote the development of network trade.