Research On The Law Application Of Foreign-Related Online Consumer Contract

In recent years,the number of online shopping users in our country continues to rise,the online consumption has become the main form of e-commerce,accompanied by a large number of electronic consumer contracts in our daily lives.At the same time,the transnational nature of the Internet has broadened the scope of the activities of online consumers who can easily establish foreign-related consumer contract relationship with the foreign operators indoors.However,the foreign-related online consumer contract will make a lot of legal conflicts in the specific use because of its subversive characteristics,which put forward new challenges against the traditional rules in the field of private international law.And the consumer status is more vulnerable in the online environment,in order to make the foreign consumption trading activities more equitable and orderly,it is necessary to study the law application of such kind of contracts.The main body of the article is divided into two parts:legal conflict and law application in strict accordance with the logical structure of the study of private international law,which aims to provide a solution to the rules about law application of foreign-related online consumer contract for our country.The legal conflict between countries is the objective basis for the existence of the rules about law application in private international law.Due to the different provisions of domestic legislation,there will be legal conflicts during the use of the traditional foreign-related consumer contract,and there will be some new situations about legal conflicts with the involvement of network factors,which also highlights the particularity of law application in the foreign-related online consumer contract.Based on the analysis of the performance of legal conflict in different environments,this paper fully recognizes the impact of the network factors upon the traditional conflict law rules,and also recognizes the shortcomings of the rules of the traditional law application in foreign-related consumer contract in the online environment.And combined with the relevant national advanced legislative experience,this paper has discussed about the rules of law application with foreign-related consumer contract in depth.At present,there is no special rule about the law application of the foreign-related online consumer contract in our country,and it is often referred to the traditional rules.However,in the network environment,the current rules exist improper restrictions on party autonomy,link points set unreasonable,lack of mandatory rules,and many other problems.So on the basis of the study,considering the network factors and the characteristics of current legislation in our country,this paper summarizes preliminary suggestions on perfecting our law applicable rules of foreign-related online consumer contract.