Research On The Effectiveness Of Online Shopping Standard Clauses

With the development of the internet at present can be described as very rapidly, the network is constantly affecting every aspect of people’s lives, online shopping also continues to develop, we can shopping online anytime through a computer or mobile phone, but there are also adverse conditions for consumers in the convenient, such as the problems of using the online shopping standard clauses. The standard clauses refer to some clauses that providing people drafts in advance but not negotiating with the opposite party. Due to the standard clauses can improve transaction efficiency and reduce transaction costs, so they are widely used in all areas of life. But the standard clauses also have weak point. For example, the standard clauses provider often use their dominant position to make the unfair clause that will heart the opposite party. Because the opposite party can not negotiate with the clauses provider, they often choose to accept the contents of the clauses, or do not accept the clauses. And after the two sides entered into a contract of the online shopping, how to identify the effectiveness of the online shopping standard clauses, when there is a dispute, the online operators are able to invoke the standard clause to remit the responsbility or not is very important. So the effectiveness of the standard terms under a virtualized network environment is worthy to study.This article is divided into four parts to elaborate the effectiveness of the online shopping standard clauses:The first chapter elaborates the concept and characteristic of the online shopping and the standard clauses, and analyse the differences between the online shopping standard clauses and the general standard clauses and then pave the way for the following.The second chapter introduces the components of the online shopping standard clauses, this is the premise to discuss the effectiveness of the online shopping standard clauses. This article focuses on the four aspects:The internet operators should prompt the consumers about the online shopping standard clauses reasonably. The internet operators should make discription about the standard clauses. The online consumers agreed to use the standard clauses. And the standard clauses should not conflict with the clauses that the two side had agree on.The third chapter describes the interpretation rules of the online shopping standard clauses, and then analyse the effectiveness type of the online shopping standard clauses, including the online shopping standard clauses which is invalid absolutely, he online shopping standard clauses which is revocable, and when some standard clauses are invalid how to identify the effectiveness of the other clauses. Then I illustrate the view with some online shopping standard clauses that we can often meet.The fourth chapter I propose some recommendations to improve the online shopping standard clauses system. Respectively make the recommendations from the legislation, administration, judicial and social supervision. Including make the special laws to regulate the online shopping standard clauses. Using the administrative measures to enhance supervision. Through the judicial measures to regulate the online shopping standard clauses. And the last is to build a social supervision mechanism.