Empirical Research On The Jurisdiction Of Online Shopping Contract Dispute

With the development of the Internet era,network transactions are flourishing.Online shopping has rapidly developed into a new modern trading mode.There are many differences between online shopping mode and traditional shopping mode,which need to be differentiated in jurisdiction rules.At present,the main jurisdiction rules are established according to the traditional shopping contract mode,which is incompatible with the new features of the online shopping contract,resulting in numerous jurisdiction disputes in the online shopping contract disputes.In this context,first of all,starting from four typical cases of jurisdiction dissent cases in online shopping contract disputes,and analyzing the disputes over the rules of the defendant's domicile and the rules of the contract's performance,as well as the disputes over the validity of the jurisdiction agreement,which are the focus of the two jurisdictional dissent cases,serving as the entry point of the jurisdiction dispute over the online shopping contract dispute.In addition,this article made a typed analysis of several important components of the jurisdiction dissent ruling of shopping contract dispute,and summarized the problems that appeared in 100 shopping contract dispute jurisdiction dissent ruling of shopping contract.Secondly,the three jurisdictional rules which are mainly applied to the jurisdiction of online contract disputes in legislation,and the corresponding provisions of these rules in China were analyzed,and preliminary thinking was made on the problems arising from the legislative provisions on the jurisdiction of online shopping contract disputes.Thirdly,in the context of the above,this paper explored the origin of jurisdictional disputes in online shopping contract disputes from two aspects: legislative provisions and judicial practice,and carried out in-depth analysis.Finally,according to the origin of jurisdictional disputes arising from online shopping contract disputes,it is proposed that the jurisdictional norm system applicable to online shopping contract disputes should be established on the basis of adhering to the principles of procedural justice and convenience.In addition,the responsibility of each subject of online shopping contract should beclarified,so as to help reduce the jurisdictional disputes arising from online shopping contract disputes.