On The Validity Of The Standard Form Contract In Web Service

The prosperity development of the e-commerce market make the contract in web service very high reuse rate, for convenient trading and lower the cost, web service providers tend to made the standard form contract to signed with the users, however, this form bring convenient, economic and efficient, but also with many problems. Based on the issues of the standard form contract apply to web service, through research on the traditional contract law theory and status of legislation, whether for the standard form clause integrate into contract, how to interpret and judge its validity make analysis and research, by using the legislative, judicial, administrative and other methods four aspects to solve the standard form contract in web service dispute resolution and legal regulation, and promote the development of the network service industry.The first chapter mainly elaborates the basic theory of the standard form contract in web service, starting from the concept and characteristic of the standard form contract, emphatically discusses the particularity of the standard form contract in web service and different types, analyzes the problems in applicable and the necessity of legal regulation. The second chapter make how the standard form clause integrate into contract and explanation as the research content, analysis of the "contract law" 39 clause regarding the standard form contract and web service provides’ legal obligations, as the premise, make further study of explanation. Third chapter make the validity judgement of the standard form contract in web service as the research object, put forward the validity judgement of the standard form contract in web service analysis of basic principle, analysis the standard form contract in web service into effect invalidity and revocable situation, put forward the Suggestions of perfecting our country’s standard form contract in web service regulation.