Research On Exemption Clause In The Online Shopping Contract

The rapid development of the Internet as the core of information technology,the human into the information age.Network of human influence has penetrated into all aspects of social life,as a combination of network and business,online shopping for its low cost and high efficiency characteristics and advantages are high speed development of worldwide,and more and more profound impact and changing people's life.Brought the rise of online shopping network information technology,the rise of online shopping has given rise to widespread use of online contract.Online shopping online contracts to determine the contracting parties rights and obligations,the disclaimer would become the important content of all online contract.Disclaimer for the improvement of activity,balance the contracting parties rights and obligations,promote social development plays a huge role.Disclaimer in the online contract,however,is often caused by recessive or dominant injustice,thus greatly dampened the enthusiasm of online transactions.To protect the legitimate rights and interests of consumers online,make online shopping more adapt to the needs of the production of the modern people's life,it is necessary for online disclaimer to conduct a comprehensive study of the contract,explore the effective measure to control the disclaimer online contract law.This article tries from the concept of online contract disclaimer,in combination with the disclaimer in the online shopping platform,on the basis of rules,find out the online contract disclaimer on the problems existing in the practice,and how to conform to China's current national conditions under the premise of regulating online contract from the legal level disclaimer is put forward.Disclaimer for online contract with its form and the uniqueness of the applicable rules,the article will with the effectiveness of the disclaimer that aspects of online contract as the breakthrough point,the disclaimer of overview,from the online contract into effect with,explain the principles and rules of legal regulation,four parts to discuss:The first part of the online shopping the exemption clause in the contract aresummarized,discuss the basic attributes of online exemption clause in the contract.With the development of online shopping,online shopping the exemption clause in the contract problems also gradually attention by people.In this paper,the concept of online contract disclaimer is defined,that although the disclaimer and general disclaimer online contract has the same theoretical basis,but because of the online contract has its unique characteristics,so the online shopping the exemption clause in the contract form with digital and conclude a link complicated uncertain characteristics,the main responsibility,its characteristic determines the disclaimer in the online contract into rules,effect,interpretation rules have appropriate uniqueness.Based on the comparison of several major e-commerce platform on the basis of the disclaimer,found that several big shopping platform service agreement in some exceptions are not appropriate responsibilities by disclosing party breaks the contract,such as: the rules of the damage liability exemption,unilaterally modify rules of regulations,the provisions of the guaranty liability,unilaterally the rules of the power of interpretation,etc.,and found that the judicial practice with respect to the manner of reasonable tips that don't agree with each other.The second part of the disclaimer of online contract conditions is analyzed and the effective important documents.Disclaimer is not to set up,the net purchase contract requires not only disclaimer form conforms to the requirements,namely: 1.The online business operators shall adopt the reasonable way to remind consumers disclaimer of content,such as online provider of contract should be taken to make the way of "individual instructions for",should be the initial position of the online contract or shall be listed separately in the form of separate instructions,ensure that this tip can be enough to cause the attention of the other party with normal,normal,can say disclaimer the obligation of the instructions for providers,such as the failure time is obtained by using the inverse way of program Settings,can fully guarantee the agreement of the other party reasonable review time,also prompt effect;2.Must give the other party reasonable review the opportunity to know and understand the disclaimer concrete contents and legal effect,such as the failure time is obtained by using the inverse way of program Settings,can fully guarantee the agreement of the other party reasonable review time,also prompt effect;3.Must the expressed consent of the other party ifthe other party by clicking on the web page button to have read and agreed to.In content also must conform to the legal rules,namely: 1.The person heart disclaimer of correspondence in meaning and external performance,reasonable distribution of risk between the parties,not a fundamental breach of contract,do not violate social public interests,etc.;2.The specific reason,will also affect the effectiveness of the disclaimer,makes the disclaimer is invalid,or revocable with pending validity,the degree of fault will also impact on the effectiveness of the disclaimer.The third part expounds online disclaimer to explain the principles and rules of contract.Mainly exist in academia defined speaking and argues that the disclaimer of two explain the principle,this paper argues that in the online contract disclaimer explanation in principle should follow defined said,will online contract place exemption clause in the contract as the overall interpretation.Disclaimer on the interpretation of the rules in the online contract to explain general interpretation,unfavorable interpretation,limit,and the risk explain the interpretation of the rules,on the basis of that,because of the current online shopping environment,the consumers in the online contract almost no options,you can choose only is "choice" or "reject",Internet operators which occupies the dominant position of the contract of online shopping,and proposed the disclaimer,consumers can only passive to accept online,so this paper argues that online shopping in the judicial practice exemption clause in the contract interpretation rules should be based on principles of unfavorable interpretation,a non-standard explain exceptions for priority.The fourth part is to explore online legal regulating of the exemption clause in the contract.Through the analysis of the above three parts,this paper argues that from the following several aspects: first,through perfecting the legal norms clearly remind obligations and way,by making a special law,detailed regulations related rules;A judicial interpretation,the disclaimer of online contract,effectiveness and explain the rules to be clear.Second,we must determine the censorship beforehand and register put on record system,by perfecting the system of administrative review in advance,reduce the occurrence of unfair terms;To establish and perfect the system of online contract register put on record,to achieve real-time monitoring of online contract.Third,we need to give play to the role of the restriction ofindustry association,founded by the relevant association of e-commerce platform,formulate relevant association rules;Will intensify involvement of consumer society,realize the unreasonable disclaimer exposure and to help consumers rights protection.