The Application Of Law Of The Cross-border B2C Contract

The rapid progress of Internet technology has promoted the rapid development of world economic integration,which has led to the “cross-border B2 C model” as the representative of e-commerce showing a “blowout” the overall momentum of development.Through the cross-border electronic business platform,people can buy their favorite foreign products or accept from the service outside.However,this kind of electronic consumption with foreign factors,its also brings about an increasing number of cross-border electronic consumer disputes.In view of this situation,according to “cross-border platform” and other cross-border electronic commerce platform involved in online shopping behavior,based on contract formulation,fulfillment,after-sales and other aspects of a large number of consumer conflicts,to explore how to solve the application of cross-border B2 C contract under such cross-border e-commerce background.This paper mainly consists of five parts:Part I: Introduce the present situation,B2 C model and research significance of contemporary cross-border e-commerce briefly.It mainly discusses the characteristics of cross-border B2 C contracts.First,it compares with general foreign consumer contracts from the angle of contract conclusion,effect,validity and fulfillment.Second,through the party and the form of the contract,people can research the difference between the general electronic contract and the cross-border B2 C contract.Part II: The particularity of the application of the cross-border B2 C contract is caused by the special contract party and contract form.Through the traditional principle of autonomy of will and the closest connection to the application of succession and innovation,indicating it always plays a positive role of cross-border e-commerce.Part III: Under the influence of the Internet and the protection of consumer rights,it allows party limited autonomy,which includes the mandatory provisions and the application of public order,if the parties have no choice,the most relevant law of the cross-border B2 C contract will be applied.Part IV: The tort liability based on the cross-border B2 C contract is mainly related to product liability infringement and privacy infringement dispute.It needs to consider the principle of general infringement and take special consideration of the above two infringement dispute.Under the Internet,it is necessary to absorb the characteristics of the network to protect the development of cross-border electronic commerce,analyze whether the cross-border e-commerce platform can become the party of joint tort liability,and the new connection point can be considered in the application of law of the cross-border B2 C contract.Part V: In China the legal application of cross-border B2 C contracts will be discussed.Considering the long-term development of e-commerce,there is no mature relevant legislative provisions and the legislation can not be enacted immediately.It is applicable to laws and regulations such as “Law of the application of law for Foreign-related Civil Relations of the People's Republic of China”,New “Consumer Protection Law”,“Product Liability Law” and other general legal principles so as to make the newly emerging disputes on Tianmao International or “cross-border” e-commerce platform for electronic shopping to a reasonable solution.