Research On The Relief System Of Contract Of Electronic Commerce Contract

As the product of the development of Internet technology,e-commerce contract(hereinafter referred to as "e-commerce contract")brings many problems that general contract law theory cannot solve,and the stability and orderly development of e-commerce requires the guarantee of legal norms.In particular,the improvement of the relief system for the contract of e-business contract,so as to ensure the smooth settlement of disputes arising from the performance of the e-commerce contract,can guarantee the stability of the e-commerce market and promote the healthy and long-term development of e-commerce economy.On the basis of the theory of general contract law,this paper puts forward some aspects of the contract breach relief system of the contract in connection with the practice of electronic commerce,with reference to the relevant legal norms of some national and international documents,so as to put forward Suggestions on the improvement of our related systems.The study is provided by the fact that the electric contract has been valid,and that there is a violation of the obligation of either party or both parties to the execution of the contract.The first part starts from the form of the default behavior of the e-commerce contract,and points out that the contract default of e-commerce is basically the same as the default form of the general contract,and the default behavior is divided into the expected default and the actual default.The expected default is divided into the expected default and implied expected default.The actual breach of contract is further divided into the four basic forms that can't be fulfilled,denied,delayed,and improperly fulfilled.There is a default,the breaching party's legal liability shall be pursued,imputation principle is the main basis.The second part of the argument is that the liability principle of the client's contract,and that the breach of contract in the electrical contract is still a liability,that is,if there is a breach of contract,it has to be liable for breach of contract,and if there is a fault in the breach,it is not possible for the non-breach to be harmed in the event of a breach of contract.Under the principle of strict liability,only the default party can be exempted from liability for breach of contract.It is possible to allow the breach to be waived by the contract of the contract between the parties to the contract and the legal term of the law.However,due to the electronic commerce and networking feature,in the practice of electronic commerce,it is often stipulated that the disclaimer is usually in the form of a contract on the net,and the consumer has no room for such disclaimer to actually choose to enter into an electronic transaction.In the process of the contract,the breach of contract breach,due to the technical problems of the network's media,is the cause of the breach of contract breach,which is not covered by the liability of the contract breach.The third part of the paper indicates whether the special causes of the contract breach of the electricity company shall also be the area of force majeure,and shall be treated in combination with specific circumstances.In the event that there is no such thing as an agreement in the middle of the client and the legal immunity,the breach of the contract is liable for breach of contract.The fourth part of the paper lists the main ways that an electrical contract is liable to be breached.In addition to the performance,payment of liquidated damages and damage compensation methods,in addition to the default of the general contract,certain types of contract for breach of contract shall also take the measures to stop the use,continue to use,suspend the access,etc.Depending on the nature of the contract and the breach of contract and the liability of the non-breach,it can be merged.The default,is the right to damage,you need to relief rights.The fifth part of the paper mainly evaluates the existing remedies for breach of contract of the current electricity business contract,including the public force relief of the judicial avenue;As the alternative dispute resolution means of self-help remedies,such as arbitration,mediation,miniature trial,the judge on loan;Private relief online dispute resolution(ODR)such as electronic control,electronic self-service,internal dispute handling mode,summary jury procedure,mass review system,mixed mode of flat table ODR and fourth ODR;The international trend of ADR and ODR.In light of the legislative deficiencies and practical problems in the contract breach of the electrical contract.Last,that author put forward some Suggestions for the improvement of the contract breach relief system.In particular,where the general contract law does not cover,such as in the case of the disclaimer,the means of responsibility,the determination of jurisdiction and the innovative development of the relief route,it is required to carry out the improvement in law in order to make effective relief to the damaged party.