Research On The Jurisdiction Of Online Shopping Contract Dispute

There are many differences between online shopping contract and traditional shopping contract, which led to the first problem online shopping contract disputes' consumer encounter during the process of seeking judicial relief, which is jurisdiction problem, nevertheless, traditional rules of jurisdiction can not be fully applied to online shopping contract. It is just the complicated context that promotes our country to introduce new judicial interpretation to solve this urgent problem, including the jurisdiction clause of online shopping contract and determining the format validity of provisions. Based on this, this paper makes a brief study on the jurisdiction of Internet shopping contract disputes and puts forward some personal opinions.In addition to the introduction, this paper is divided into five parts.The first part briefly introduces the concept, characteristics and classification of the online shopping contract, so that readers have a basic understanding of the differences between the contract and the traditional shopping and the rules of determining contract performance place in the new judicial interpretation.The second part briefly introduces the important meaning of our country traditional rules of jurisdiction, and the difficulties that traditional jurisdiction rules encounter when they are applied to online shopping contract disputes, mainly including application of jurisdiction by agreement, determining of the place of the defendant and the place of contract performance. Through the above issues we can understand the context of the provisions of the new judicial interpretation about the Internet shopping jurisdiction.As online shopping contract dispute jurisdiction rules usually include the law for its provisions of the special jurisdiction rules and the agreement between the jurisdictional parties, so the second half of the article follow the main line.The third part of this paper introduces overseas online shopping contract dispute jurisdiction rules on the basis of different special dispute jurisdiction rules and agreement between the jurisdictional parties, then make simple assessment so as to improve Chinese online shopping contract dispute jurisdiction rules. The former includes America's long arm jurisdiction rules, French and Canadian consumers place jurisdiction rules, while the latter mainly includes the relevant provisions of Chinese Hung Kong, Germany and Chinese Taiwan about the format of jurisdiction clause in entering into a contract and effectiveness rules and the United States "fundamental fairness" rules.The fourth part discusses the new "the People's Republic of China civil procedure law judicial interpretation provisions of section 20, section 31 of the analysis from both the positive and negative aspects. Although the new rules make clear determination of the place of contract implementation based on delivery method division, also in a certain extent regulates the format of jurisdiction clause, but there are still some problems, such as the reasonable notification obligation is not clear.Finally, the fifth part put forwards specific suggestions on the basis of following the basic principles to determine jurisdiction. On the one hand, taking lesson from overseas domain rules of network purchase contract disputes jurisdiction, on the other hand, making advise to further improve the regulation of the jurisdiction clause format and definite the connection point of agreement jurisdiction, in order to compensate the lack of legal provisions and find better solution towards the issues.