The Format Clause In The Theory Of Online-shopping Contract

Thanks to the rapid spread of Internet technology, the online shopping which is a fast and efficient consumption patterns have emerged, it has brought great changes to China's economic and social development. Meanwhile, because of the high-tech requirement of network environment, virtual no paper, online shopping and traditional face-to-face transactions are significantly different. Therefore, the relevant provisions of the standard terms and theories in online shopping contract disputes applications will bring out many problems. In this paper, a typical case of online shopping involved in terms of format disputes are discussed, by the method of empirical analysis, literature review method, and comparative study of the format of online shopping, the terms prescribed in the rules, rules of interpretation of the terms of format and the effectiveness of identifying into system is discussed.The first part mainly discussed a typical case of online shopping disputes, and detailing the facts of the case, on two levels of courts in the case of the idea of judgment and decision results are briefly introduced, analyzed the case involved focus format terms in online shopping contract application.According to the analysis of the first part of the question involved in this case focus on the terms of the format, the second part of the article discusses the concept of the standard terms and the particularity of standard terms of online shopping. Meanwhile, this paper discusses conditions of the standard terms in online shopping contracts for the particularity of online shopping, determining the duties to be performed by the operator, as well as ensuring that the rights of consumers to review the rules, etc. According to the theoretical analysis of this case, the terms of format has been set in into the online shopping contracts.After determining the Terms of format has been incorporated into the network shopping contracts, the third part of the article is to explain the rules of the standard terms, analyzing in detail the general rules of interpretation of standard terms of online shopping contracts and special rules of interpretation, this case should follow the general rules to analyze the terms involved in this case by special rules of interpretation.The form clause has been set into the online shopping contract and shall adopt the rules of interpretation, standard clauses of online shopping contract does not necessarily take effect. The fourth part is on standard terms of online shopping contract effectiveness review issues discussed, according to domestic and international law, analysis of online shopping contract effectiveness of several different cases, combined with the specific facts of the case, draws the conclusion that involved in this case format terms shall be invalid.According to the theory of online shopping contract format terms in the above analysis, the fifth part is on court ideas and the verdict of the assessment, based on the front part of relevant theory and case analysis, the case in two court judgment ideas are different, the identification of the terms of the format and order entry conditions, effect examination problems. In view of the above problems, we put forward our own proposals.The conclusion part of the paper we lead the advice of the development of the online shopping in view of the present situation. Today more and more disputes about the format of online shopping contract terms, the current Contract Law, the Consumer Protection Law obviously can not meet the increasingly complex network purchase disputes of terms of format, in this case, we need to supplement and detail the Contract Law and the Consumer Protection Law. The Supreme Court should carry out a more comprehensive judicial interpretation and other laws and regulations refinement supplement or more comprehensive judicial interpretation, Furthermore, we can draft the corresponding single-space law about the format clauses in the online shopping contract.On the other hand, it is an effective way to regulate the consumer's rights and interests protection association and the function of the regulation.