Analysis Of Legal Issues In C2C Online Shopping Contracts

The rapid development of the network not only promote the rapid growth of the network consumer market,but also for the consumer market with a fresh air,the emergence of new consumer patterns also stimulate people's desire to buy.As the C2C online shopping model helps to achieve convenient shopping,but also gradually by more consumers like.As a new type of sale contract operated by means of the network,the legal relationship in the C2C online shopping contract should also be adjusted by the contract law.But as an electronic contract,it has different characteristics from the traditional contract in terms of contract establishment,change,fulfillment and breach of contract.These factors also led to the C2C online shopping approach involved in the contract relationship has become more complicated.Starting from the complicity of the C2C online shopping contract,this paper analyzes the problems in legislation and practice,and puts forward suggestions for improvement.This paper is divided into four parts:The first part is the basic theoretical part of C2C online shopping contract.On the basis of introducing the concept,characteristics and types of online shopping purchase contracts,this section further defines the meaning of the C2C online shopping contract.The second part introduces the relevant legislation of online shopping contract in our country.This part is mainly based on "Contract Law" and "Electronic Signature Law",and introduces and generalizes other relevant local laws and regulations.The third part is the discussion of the existing problems in the application of C2C online shopping contract in China.This part is the key part of the paper,mainly from the specificity of the C2C online shopping contract,combined with the practice of Amazon,Dangdang related cases on the buyers and sellers in the implementation of the contract to discuss the issue of default,and questioned the unreasonable set of risks in the current law,and discussing the protection of C2C buyers and interests of the problem.The fourth part is to give a specific solution to the problem.This part is an important part of the paper.First of all,to strengthen the relevant judicial interpretation as the starting point,draw lessons from foreign C2C related legislation,and based on the actual situation in order to build a comprehensive legal system.Secondly,it puts forward some suggestions on the problems in the performance of the contract,including the proposal of the deadline,the application of the liability for breach of contract and the reasonable distribution of the risk burden in the C2C online shopping contract.Thirdly,on the basis of the C2C buyers' rights protection proposal,it further elaborates the necessity of the right of regret in the C2C online shopping contract and the necessity of establishing the third party evaluation mechanism.Finally,this part is for the above recommendations related to the supplement,including the complaint channel must always be guaranteed smooth,the importance of online solutions,as well as the relevant administrative departments to improve the supervision.