The Studies Of The EU's Directive Concerning Contracts For The Online And Other Distance Sales Of Goods

As the most representative regional integration organization in the world,European Union has been work for a further internal market integration process.Actually,it is a tough target because of the differences between cross-border different national contract laws.It also is the main obstacle of the EU's single market.European Commission adopted a proposal for a directive concerning contracts for the online and other distance sales of goods(the Directive)to substitute the Common European sales law(CESL)which had withdrawn.And it is the critical step of the EU's single market strategy.This article studied the legislative background,application,adjustment method,the changes of the Defect Warranty Liability Rules,and the online alternative dispute resolution to seek and research the main principle and system of the Directive.In the other hand,it can give some useful references for Chinese contract law.This article talks about the background and the meaning of this study in the introduction section,and illustrate the research method.The first section introduced the background of the EU and the Directive,The main contents include the EU,the single market target of EU,and some meaningful knowledges of CESL,and take a brief introduction for the Directive's frame and contents.The second section talks about application and adjustment method of the Directive which barely adopted an identical term that required Member States shall not maintain or introduce provisions diverging from those laid down in this Directive including more or less stringent provisions to ensure a different level of consumer protection.On the other hand,the adjustment ranges of the Directive limited in B2C cross-border trade.Chinese E-commerce law can be improved in this area.The third section analysis the Defect Warranty Liability Rules of the Directive and focus on the innovation and discussion point about it.In addition,these section study on the rebuilding of Defect Warranty Liability Rules under the Chinese contract law.The forth section discuss the necessity and feasibility of online alternative dispute resolution on the Directive's frame,and analysis its application.Furthermore,these section studies on the Chinese ODR and the meaningful contents we can withdraw which come from EU and the Directive.