A Research On The Contract Rules For The Special-type Consumer Contract

The special-type consumer contract is a product of the innovation of science and technology,as a sub-type of consumer contracts,it constitute the main contract in the civil society.The special-type consumer contract present the complication of the transaction form and the specialization of the subject matter of the contract,so that the two parties have an imbalance in the quality and quantity of the transaction information.And the operator to a certain extent has a decisive influence on this imbalanced status.The basis of Party Autonomy Principle in traditional contract law is lost to varying degrees in the special-type consumer contract.If we do not make a prior adjustment to this imbalance,in the pursuit of contract freedom and the principle of strict adherence to the contract at the same time will also be detrimental to the contract fair.The basic definition of special consumer contract is the prerequisite of theoretical research.A special consumer contract is essentially a consumer contract.Its special place first appeared in the transaction mode,that is,the degradation of the place of the transaction,the subject matter of the standard space distance and the subject of the contract specialization,complexity.And at the contract level,the performance of the "rational person" is absent,the lack of contract negotiation opportunities and the lack of relief afterwards of contract rights.With the special nature as the main standard,the extraterritorial legislation divide the special consumer contracts into non-store sales contracts,remote sales contracts,consumer loan contracts and other major types.The special consumer contract is still the operator and the consumer for the object,put aside the economic law and civil law dual-track model of the legislative constraints,we can find that the root causes of consumer protection lies in the contract law on the meaning of freedom.Incorporating consumer contract specification into civil legal system and constructing general consumer contract is the embodiment of civil law to regulate citizen's life.Learn from the experience of foreign legislation,the introduction of the concept of operators and consumers in the civil code system,authorize the consumer sector law to establish a "consumer contract" in a systematic way,and the content mainly focused on the form of contract,the operator's information disclosure obligations and consumer withdrawal right,the three systems are the core of the parties in the special consumer.The status of seriousunbalanced information under the contract will be corrected.The freedom of form of special type of consumer contract should be subject to legal restrictions based on the particularity of the transaction type,and the transaction information is fixed by the fixed form of the contract.The electronic contract is regarded as a written form of legislative approval because of the‘functional equivalence',but there is a large gap between legislative recognition and function realization,and ‘visibility' and ‘queryability'should be the more specific standard.The specialization trend of installment contracts and consumer loan contracts is obvious and also should be made in writing.A contract which is in breach of contractual form and which is not fulfilled shall be invalid and the parties may make a remedy for the performance of the contract,but such performance shall be conditional and,if a written installment of the installment contract and the consumption loan The contract is calculated at the statutory interest rate for the contract rate.To make the operator's information disclosure obligations specific,is the key to link contract law in the contracted negligence system.China's legislation implied the "buyer self-cautious",and the operator's information disclosure obligations are general,is not conducive to the consumer awareness right to achieve.The information disclosure obligation of the operator mainly includes the following aspects: in the content of the notice obligation,the "substantial impact on the contract" as the standard,combined with different types of typical contracts to make targeted provisions;to the way of the implementation,the loan contract informs in writing,and the remote sales contract and the online shopping contract replace the "significant way" in the current legislation with "concise,direct and permanent" criteria to prevent the operator from using the consumer to manipulate the information on the transaction information.The new "no reason to return" in the Consumer Protection Act of 2013 is essentially a system of withdrawal of special consumer contracts.Its legitimacy foundation is the relief to the defects in contract making for the private body.In the distribution of rights and obligations in line with the law on the cost of economic and efficiency considerations.China's legislation isdifferent from extraterritorial legislation,only the right of withdrawal applies to the field of remote sales contracts,in line with the requirements of the right to withdraw the system and the balance of the interests of the transaction,but the application of the right to withdraw should be double standard to limit the withdrawal of the exercise of the calculation should be To take an objective state that consumers should exercise their right of withdrawal inaccordance with the principle of good faith to take proper custody obligations,bear the necessary costs and subject to time constraints.