Research On Standard Clause In Online Shopping Contract

Online shopping, getting an unprecedented development in recent years, has become an important shopping manner and also promoted the development of social economy. Standard clause can be beneficial to set transaction conditions for Vendor in advance, shorten the negotiation time of both transaction parties, reduce the transaction cost and avoid temporal and spatial isolation of both parties, which can promote the development of online shopping. It is the natural partner of online shopping. However, standard clause has many problems in the process of application. Under the special contracting environment of online shopping, the interests of relative party of standard clause are easy to be infringed. Therefore, to study the standard clause in online shopping contract is very necessary.Five chapters in this article are used to analyze and discuss the standard clause in online shopping contract.Chapter one is the overview of the standard clause in online shopping contract. Firstly, the author introduces the current situation of online shopping in brief and points out that online shopping has become an important shopping method and its particularity is the shopping environment. Then the author discusses the essence of online shopping contract and the difference between online shopping contract and traditional civil contract. Lastly, the author discusses the application of the standard clause in online shopping contract as well as its existing problems, which is the base of the following text.Chapter two is the core of this article, which expounds the general requirements that standard clause shall be conformed to when added to online shopping contract. They include the principle of autonomy of will, the principle of reasonable prediction, the principle of convenient economy, the limitation principle of contracting freedom and the principle of honesty and trustworthiness. Requirements in five aspects are made to standard clause from different angles and then the author discusses the standard of every requirement and makes the explanation with examples.Chapter three discusses the validity of standard clause in online shopping contract. The author discusses all kinds of validity forms of standard clause by combining the general doctrine of educational circle and the stipulations of Contract Law. The author divides standard clause into valid standard clause, invalid standard clause, revocable and changeable standard clause and standard clause that validity to be determined and makes analysis and discussion by combining the actual situation of online shopping.Chapter four discusses the explanation of standard clause in online shopping contract. Upon the stipulation of Article 125 of Contract Law and general theory of legal interpretation, the author elucidates the general explanation methods of standard clause in online shopping contract by combining online shopping examples and then introduces the special explanation methods of standard clause, including the stipulations of Article 41 of Contract Law and the explanation of exceptions. The above two chapters are the common problems that standard clause has during the application.Chapter five discusses the regulations of standard clause in online shopping contract, mainly including the regulation methods under the legal system and other regulation methods. The regulation methods under the legal system include legislation, justice and administration, while other regulation methods include self-regulation, supervision of consumers’association and supervision of public opinion and so on. The author also puts forward perfect suggestions aiming at the above regulations and then suggests bringing standard clause to credit system in order to enhance its deterrent force.In the epilogue, the author reviews the content of this article and points out that there is no superior or inferior between standard clauses and the value priorities showed by standard clause are all added artificially. As a result, how to build a prefect standard clause regulation system and make full use of standard clause are the point.