Research On The Problems Of Network Consumer Contract Performance

Network consumption is the consumer consumption process by internet, in now days online shopping has become a new consumption about basic necessary life especially in city between young age group. Network consumer contract was not popular when the traditional law was built. However the point of network consumer contract is to break time, space, and territory’s limit. Built and performance of the network consumer contract always in a special way. Network consumer contract is free and convenient however there are much more risk than traditional consumer contract. After built the network consumer contract, performance the contract is the critical stage for the aim of this kind of contract. Between the contracting parties’ right and benefit is also based on performance the network consumer contract or to compensation for the breach of duty. Therefore, regulation and supervision powerful on the performance of contract will make less risk and problem in network consumer contract. The related supervising mechanism cannot catch up with the development of network market in China. I hope the main point of this article can make contribution to the network market in our country. There are four part in this article to expound explore and solve the problem in the performance of network consumer contract.The first part, overview of the performance the network consumer contract, include principle subject content subject matter. First of all, discuss the applicability of duty of improper fulfillment duty of cooperative performance in network consumer contract. Secondly discuss the main body of network consumer contract still are traditional legal person natural person and other organizations. Thirdly, cover the seller and buyer’s right and duty. Finally discusses the three kinds of subject matters in network consumer contract there are tangible goods.Network information products and Service provision. This provides a basis for how deeply to go into any particular topic.The second part, the special performance of network consumer contract including a plurality of participation and the performance of diversification. Discuss The duty of network consumer platform and logistics companies, as well as3kinds of performing modes. There are online-payment and online-delivery, online-payment and offline-delivery, offline-payment and offline-delivery.The third part, the problem of network consumer contract. In the article discusses the problems separately of performance on contract. The problems are improper performance problems; transfer of risk burden; online shopping payment security problem; the jurisdiction of the court is difficult to determine. Because the domicile of the defendant is not conducive to the protection of consumer issues and on the place of performance of the contract is inconsistency.The fourth part, countermeasures of network consumer contract problems. To investigate the above problems the author puts forward to draw lessons from experience from rule of ZHIFUBAO; to determine a reasonable period of performance system; change the risk burden principle; improve the online shopping payment security mechanism and establish in favor of customers’ litigation jurisdiction.