The Legal Regulation Of The Loss Of Right Terms In Internet Service Contracts

The loss of right term in Internet service contractshas been used to maintain the order of internet platform and improve the commercial efficiency of internet service.However,the abusive usage of the loss of right terms has become a method for internet service provider to gain profiteering.The Chinese contract law had offered a framework of the regulation of the loss of right terms,yet such regulation does not function effectively due to lacking the ideal model of internet service contract and therefore cause a series of negative result to the fairness and liberty of internet service contracts.The regulation of the loss of right term in internet service contracts can be divided into three part.The first part would be how the loss of right terms made into the contract.This regulation focus on forcing the internet service provider to sustain heavier obligation to disclose and prompt the contract's containment to guarantee the recipient's right to acknowledge the contract as well as the loss of right terms within.The regulation of explanation of internet service contract is based on the analysis of the different reason standard between the normal civil subject and the internet service user.Under this premise,disadvantageous and restrictive explanation principle should be apply to terms in doubt in order to protect the right of the internet service users.The research of the regulation of the validity of internet service contract started with the purpose of providing an ideal model for internet service contract.The ideal model,which consist of two part,the reasonable operating theory and the controlling force theory,should be the goal of the regulation of internet service contract though validity principles.Furthermore,the validity principles must be optimized to adapt different loss of right terms sorted by the consequence caused by the application of these terms so a new standard of regulating internet service contracts could be made.At last,advises was given to the future compilation of China Civil Code to ensure the correct outcome when a loss of right terms has been declared its invalidity.