The Analysis Of Legal Problems Of Pricing Error Of Online Shopping

With the development of the Internet,online transactions continue to grow,but there are a variety of problems followed.In the process of online shopping,the problem of price fixing frequently occurs,and there are many controversies in theory and practice on how to deal with the problem.There are many cases of online shopping mistakes in the Taiwan area of China.The results of the court and the relevant theories of the academic circles have a lot to learn from dealing with such problems.Whether the contract is established or not under the condition of wrong online shopping price is the best dispute between the two parties in the case of this kind of case.The contract of sale concluded by the parties in the course of online shopping is essentially consistent with the traditional contract,and is also composed of offer and acceptance.In determining the nature of the commodity web page,we can not simply identify it as an offer or an invitation to offer.It should be analyzed in the light of the definition of the offer and the actual case.As for the standard clauses in the network transaction contract,if it conforms to the relevant laws and regulations,there is no legal reason for the invalidity of the contract,it should recognize the validity of the contract in the contract.The nature of the order confirmation letter issued by the shopping website system,according to the specific content of the information to determine whether it constitutes a commitment.According to the terms of the transaction and the method of payment,to determine the significance of consumer payment to the establishment of the contract.In the case of price fixing contract,when the court finds that the contract has been established,China's network operators usually ask for rescission of the contract on the grounds of major misunderstanding.China's "serious misunderstanding" and other countries "mistake" similar elements so in the wrong pricing case meets the major misunderstanding and the seller does not exist intentional or gross negligence,the seller can request to cancel the contract for the origin of this.As for fraud,intimidation,unfair and other reasons to revoke the contract,in accordance with the relevant laws to judge.After the cancellation of the wrong price contract,Germany and China's Taiwan region will generally be recognized as compensation liability,but there is no special regulation in our country.Our country has stipulated the legal consequence of cancelling the contract,but the stipulation is not clear,which has caused some difficulty when the court applies.Therefore,when analyzing the wrong behavior of pricing,we still regard it as the liability of culpa in breach of contract,and then we can make use of the relevant laws of our country to remedy the losses caused by the wrong pricing.Many scholars advocate special legislation on network problems,but legislation can not be completed overnight.By analyzing the establishment and cancellation of the online shopping contract and the responsibility after the cancellation of the contract,we should use the current law of our country to solve a series of problems in the online shopping price mistakes.