Research On China Applicable Law Of Overseas Act As Purchasing Agency Contract

According to the report of E-commerce Market data made by China Electronic Commerce Research Center,the transaction of e-commerce in China has been in a large scale and its rate of growth is fast,even the number of people working in e-commerce enterprises is more than ten million,and the way of shopping online has become a new favorite among netizens.But when an industry rises,the problems will be arisen at the same time.As a new industry,the overseas purchasing now seems to be disordered because of lacking of relevant legal measures to adjust.In the area of criminal law,after the Incident of Airline Stewardess Making an Overseas Purchase for Others,people start to doubt the legality of overseas purchasing.In the area of civil law,the overseas purchasing is characterized with the nature of being related with foreign affairs,so when courts hear the cases involving foreign elements,the situation that same case with different results often appears because of lacking of clear legal basis,or consumers maybe suffer losses because of different countries having different standards to these area of quality,specification,safety and product identification.Therefore,when disputes of overseas purchasing arising,choosing which country's law to deal with the related cases is a very important.In addition,the law of application in China starts late and develops slowly,and many problems of the international contracts are not reflected in the legal provisions,although some provisions have made some stipulations,they still can't give practices some clear guidelines.Therefore,scholars put forward their own understandings to these problems arisen under this circumstance.But these theories have not been affirmed in law.So under this situation,by using the concept analysis method,comparative study method,literature research method and aiming at the problems existing in the current provisions of the related law of overseas purchasing and in these fields that not involved by the related law,this paper puts forward a personal view in order to solve the theoretical and practical problems of the application of law for purchasing overseas contracts.Based on the analysis of the connotation and classification of overseas purchasing behavior and overseas purchasing contract,first of all,this paper affirms the legitimacy of overseas purchasing behavior and compares the particularity of overseas purchasing contract.Then combining with the general theory of the application of China's overseas purchasing contract,this paper points at the theoretical issues at present,the stability problem of connecting point,the characteristic performance of uncertainty,the incomplete protection of consumer rights and the problem of parties of the commissioned purchasing contract whether can be applied the application of law of the Consumer Contract,and in the end,this paper puts forward the countermeasures to solve the above mentioned problems,namely using the measure of Autonomy of Will to mediate disputes,choosing more specifically connecting point to replace the existing one,constructing a characteristic performance system,using mandatory rules to protect the interests of consumers and break the constraint of the identity of purchaser in Consumer Contract.