Relief Research On Online Purchase Contract Default

Online shopping is the most convenient and quick way of shopping for the present,it is based on the Internet?The establishment and implementation of the online shopping contract completely broke through the space and time and the region,the whole transaction process efficient and low cost,it is directly different from the traditional shopping.In the e-commerce environment,the order and rules of the transaction is an important factor to protect the security of the transaction.As the traditional law in the promulgation did not produce a large number of online trading contracts,so the traditional transaction relief rules can not directly solve the problem of online shopping transactions breach of contract,it seems that China's online shopping legislation and government regulation is still a great insufficient.This paper aims to study the main reasons for the difficulty of online shopping default relief in China,and try to put forward useful suggestions to solve the relevant problems.Addition to the introduction of this article,consists of four parts,as follows:First of all,this article describes the basic theory of online purchase contract default,such as its causes and specific types.Secondly,it analyzes the particularity of the contract breach of contract,which is different from the general contract breach,and lays a theoretical foundation for analyzing the dilemma of online purchase contract default.Thirdly,by reviewing and collecting the existing literature and data,the paper summarizes and expounds the current situation of the difficulties in the remediation of online shopping default disputes in China,and points out the key problems of China's online shopping default insuranceand the necessity of guaranteeing the rights and interests of consumers.The key problems are the following:the lack of the relevant legal system protection,difficult evidence,online shopping payment model is imperfect,exemption and other obstacles.Finally,through the study of relevant legal theory,we can find out the legal connotation of communication disputes with online purchase,which is used to protect the legitimate rights and interests of the parties involved in online transactions.To protect the rights and interests of online shopping as the main content,from the four principles to elaborate.And compared with the developed countries in the West,found that China's online shopping breach of debt performance is not good,the problem is the lack of relevant laws and regulations.According to the characteristics of China's online shopping problem,combined with the other developed countries and the organization's good experience,that China's online shopping default relief should be improved through the following aspects:Improve the legislation and establish an ex ante supervision system,determine the reasonable performance deadline,determine the burden of proof,clear the reasons for the exemption,improve the online payment mechanism,the establishment of online dispute resolution mechanism to strengthen administrative supervision.Hope to through the above measures to maintain the interests of online shopping,prevent and reduce the occurrence of online shopping default,and ultimately make the online shopping market healthy development.