Jurisdiction Research On Online Shopping Contract

Rapid progress of Internet technology has given rise to the vigorous developmentof e-commerce transactions. As the most important newly e-commerce model, onlineshopping contract has applied in every aspects of life. But the jurisdiction of thedisputes between consumers and businesses are increasing rapidly as the demands andservice become various. Since the jurisdiction rules of our country is based on thetraditional contract and lack the compatibility with the new features of the onlineshopping contract, thereby cannot meet the needs of social development and bothparties. This article proposed the deficiencies by analyzing the relating regulations ofthe on-going jurisdiction rules used in the contract, clarify the necessity of modifyingand enhancing the jurisdiction rules in online shopping contract，introducing andanalyzing the new theory of jurisdiction rules and the advanced legislative, judicialand trial experiences in United States, Western Union and other developed countriesand organizations, therefore proposing the suggestions to solve the jurisdictionproblems in the online shopping contract disputes.This article is composed of three parts: introduction, body and conclusion. Thebody is divided into four chapters. The first chapter introduces the status quo of thehow the jurisdiction rules used in the online shopping contract disputes. The statusquo part is divided into two sections: the first section introduces the conception,quality and characteristic of the online shopping contract, the second section analysis the issues and causes in the jurisdiction rules in online shopping contract throughon-going legislation and judicial practice. To clarify the necessity of modifying therules in jurisdiction by learning the issues in online shopping contract. The secondchapter writes the theory of the jurisdiction of the issues in online shopping contractinvolving the new theory in academia to play a guiding role in the construction ofjurisdiction rules through analyzing the pros and cons of three different theories. Thethird chapter analysis the jurisdiction rules of the online shopping contract overseas,introducing the theories and regulations the United States, Western Union and otherdeveloped counties used when they deal with these issues, in order to provideguidance in enhancing our country’s jurisdiction rules. The fourth chapter proposesenhancing suggestions to solve the jurisdiction issues in the online shopping contract.This chapter mainly modifies and extends the current laws and traditional rules, topropose solutions to solve the problems like faintness of jurisdiction bounds, freejudge of the judges and protecting issues of the rights of consumers.