Research On Legal Problems Of The Online Shopping Contract

As today is the times of Internet,the rapid development of computer network technology brings lots of conveniences to people's life.People can buy what they want from the Internet,for purchasing online is accepted by more and more people as a new type of trading mode.Online shopping not only provides people for conveniences,but brings more and more disputes.The form of contracts which consumers use in the network shopping,belongs to a kind of electronic contracts.Due to the current domestic legislation specifically for the network shopping is not completed,which produces numerous network contract disputes,online shopping has become a hot issue of consumer complaints.In addition to the introduction and the conclusion,this paper is divided into five parts.The first part presents concept and types of online shopping contracts,through comparing between the online shopping contract and the traditional business contract,points out the legal characteristics of the online shopping contract,laying the foundation for the discussion below.The second part is about the formation and effect of the online shopping contract.By defining the invitation to offer,the offer and the acceptance in the process of the online shopping contract,we can make sure when and where the contract can be formed.In addition,aims at four obstacles to going into effect in the online shopping contract: analyses the minor's ability to set up a contract and the problems of anonymity transaction.Besides,introduces the present situation and the harm of the network fraud transaction.Through case analysis,the validity of the standard form contract and the problems of the electronic error are studied.The third part talks about the online trading platform's civil liability.Starting from a fair point of view,the current law provides the online trading platform to assume the least limited payment liability and joint and several liability of tort.In addition,the law encourages the online trading platform to choose to bear a looser responsibility of its civil liability for better protecting the consumers' right of claim.The forth part analyzes the current situation and defects of the judicial remedy and non litigation remedy of the disputes in the online shopping contract.Judicial remedies have flaws in the application of law,the determination of the jurisdiction of the courts and theenforcement of judgments,cause consumers do not want to resolve disputes through judicial remedies.And non litigation remedy of the disputes are not legally binding,which is difficult to effectively implement.In this regard,it is necessary for our country to study new and effective dispute resolution mechanism.The fifth part puts forward some suggestions to improve the relevant system of China's online shopping contract,combining with the current situation of our country and the legislation and judicial experience of the developed countries.We hope that by regulating mechanisms of the online trading platform,perfecting the legislation system of the online shopping contract,promoting and applying to the new dispute resolution mechanism,strengthening the relevant mechanism of administrative departments,social organizations and the online trading platform,the online shopping environment can have a healthy and stable development.