With the development of smart phones,there are many apps that adapt to smart phones.It can be used not only on computer,but also on the phone.Tencent has developed WeChat after QQ.Chatting is the main function of WeChat,and it also produce other functions,such as WeChat circle of friends.With the popularity of smart phones and the spread of WeChat,its functions are no longer limited to these options.It was developed for a new purpose by WeChat registrants or users—selling products in the WeChat circle of friends.There are many ways to shopping by WeChat,for example,shopping on the WeChat public account,shopping on “founding”function.These manners are the ways that jump to the third party platform.It is not the real WeChat shopping.The real WeChat shopping is that shopping on WeChat circle of friends.Since shopping is not WeChat’s main function,buying and selling parties are lack of the technical support for trading processes.For example,on the one hand,it is lack of a fixed contract.on the other hand,there is no “refund” feature in the case of a refund.At the same time,because of the non-face nature of online transactions,in actual transactions,it is easy to see that the contract’s subject is not clear and the contract’s content is not clear.To clarify the subject and content of the contract,the paper discusses the WeChat shopping contract’s subject and content.Firstly,the paper introduce WeChat shopping contract’s concept and problem.It analyzes what is the WeChat shopping contract and it have what problems.About the concept of WeChat shopping contract,it has two aspects:connotation and denotation.In the aspect of connotation,WeChat shopping just is that WeChat circle of friends shopping.In the aspect of denotation,WeChat shopping contract are different from traditional contract and electronic contract.Secondly,the chapter starts from WeChat shopping contract’s subject—two parties,and the relevant subject—WeChat platform,it explain WeChat shopping contract’s subject that should have the qualification,and identify the subject when the registrar is not the same person as the user,and explain WeChat’s position in the trading.About the subject of WeChat shopping contract,WeChat shopping is the part of the civil activities.The subject of WeChat shopping contract complies with legal requirements about civil subject.It is not special restrictions on the subject,and it is extensive for business subject.About the identity of WeChat shopping contract,it includes WeChat registration and WeChat user.In different trades,WeChat shopping contract’ subject is different.Again,from WeChat’s feature,it explains the two parties and WeChat’s rights and obligations.About the special rights of WeChat shopping contract.According to the WeChat shopping contract’s characteristics,the buyer’s special rights including:the right of reporting information,theright of asking for credentials,the right of refused to sign for the goods.The seller’s special rights including:the right of obtain information,the right of refused compensation,the right of recourse for compensation.WeChat’s special right in the trades including:the right mandatory delete,the right of review the information,the right of monitoring transaction.About the special obligations of WeChat shopping contract,According to the parties’ transaction process and trading habits,the buyer’s special obligations including:the obligation of screenshots and inform,the obligation of send a picture,the seller’s special obligation including:the obligation of informing logistics,the obligation of replying the reason,the obligation of forced refund,the obligation of propaganda’s ask.WeChat platform’s special obligations including: the obligation of dispose in time,the obligation of disclosure information.Finally,according to the above analysis and discussion,the paper puts forward some thoughts on the related subject’s behaviors of WeChat contract.In the side of standardize the related subject’s behavior of WeChat shopping contract,it is including the parties and WeChat platform.to the parties,it should be constraint themselves behavior before perform contract and performing contract and after perform contract.About WeChat platform,it need to set safely information,andreal-name registration.It is forbidden to WeChat ID transfer,and to strengthen supervision to WeChat platform.Through the analysis of the related subjects and contents of WeChat shopping contract,it is not only beneficial to solve WeChat shopping contract’s some problems,as well as to safeguard the legitimate rights and interests of the parties. |