The Comprehension And Apply Of Coercive Tra Nsaction By Utilizing Techniques Under Standard Terms

With the development of the modernization and informatization of the market economy, a variety modes of remote transaction appear one after another, which,at the same time with the liberalization of economy and trade, provide fertile ground for merchants on coercive transaction and profiteering by utilizing their own techniques and under standard terms. Consequently, in the latest amendment to Law on Protection of the Rights and Interests of Consumers which was made on March 15, 2014, "coercive transaction by utilizing techniques or under standard terms" was officially brought into legislation. Compared to the traditional coercive transaction that utilizes illegal format contracts and is performed by merchants with their vantage in the market, it is more difficult to define the concept of the new type of coercive transaction, and it also derives forms like implicit user license agreement, continued transaction obstruction mode and so on. Obviously, there is difficulty in regulating it with the existing laws and regulations such as Contract Law and Law on Protection of the Rights and Interests of Consumers as well as other industry regulation laws. While in the laws of foreign countries, although there is not explicit definition for the phenomenon mentioned above, they have their own solutions to dealing with such technical format contracts, such as ODR and precensorship.On the basis of referring to the experience of foreign countries, a conclusion is reached that it is necessary to further explain the terms and refine them by virtue of relevant judicial interpretation and supporting system. Only by doing this can coercive transaction completed under standard terms and by merchants utilizing techniques be effectively regulated on the basis of maintaining merchants’ autonomy in management.