Research On Format Clauses In Online Shopping Contracts

In recent years,online shopping has achieved unprecedented development and has become an important way of shopping,and it has also promoted the development of social economy.The format clause can help the seller to set the trading conditions in advance,reduce the negotiation time between the two parties,reduce the transaction cost,effectively solve the problem of time and space isolation between buyers and sellers,and play an important role in promoting the development of online shopping.Natural partner.However,due to the high technical requirements of the network environment and the paperless nature of virtualization,there is a significant difference between online shopping and traditional face-to-face transactions.Therefore,contract disputes in the online shopping process are intensifying,and theoretical research on format clauses It is imperative to perfect with the law.This paper discusses the format clauses of online shopping,and uses the literature analysis method,the law of interpretation and the comparative research method to systematically discuss the rules of the online shopping format clause,the interpretation rules of the format clauses and the effectiveness determination.Research to achieve the purpose of perfecting the legal system of China's online shopping contract format clause.The first part of the article mainly introduces the background and research significance of the thesis,as well as the research status at home and abroad.The development background of the format clause of online shopping contract is expounded,and the concept and nature of the format clause are preliminarily discussed,which paves the way for the development of the paper.The second part of the article discusses the concept of the online shopping format clause and the particularity of the online shopping format clause.The relationship between the format clause and the online shopping format clause is elaborated,and on this basis,the conflict relationship between the online shopping format clause and the traditional civil law theory is further analyzed.It is concluded that the conclusion of the online shopping format clause still needs to be based on the basic principles of civil law such as fairness and justice.The third part of the article clarifies that the format clause has been incorporated into the online shopping contract,and discusses the rules for the formation of online shopping format clauses,the rules of validity and the rules of interpretation.The formation process and requirements of the format clauses in the online shopping contract are analyzed in detail.Then,based on the existing laws and regulations,the validity of the format clauses in the online shopping contract is analyzed.Finally,the special interpretation rules of the format clauses in the online shopping contract are analyzed.The fourth part of the article expounds the legal provisions related to the online shopping format clauses at home and abroad,analyzes the shortcomings of the existing relevant legal regulations in China,and further studies the reference significance of foreign law to the domestic law,so as to better realize the relevant regulations in China.The fifth part of the article analyzes the shortcomings of the current legal regulation of online shopping format clauses,and puts forward relevant suggestions for improvement.Mainly reflected in the increasing number of disputes concerning the format clauses in online shopping contracts.The current "Contract Law" and "Consumer Rights Protection Law" and other laws clearly fail to meet the increasingly complex online shopping format terms and disputes.Under such circumstances,it is urgent to refine or supplement the current laws and regulations such as the Contract Law and the Consumer Protection Law,or to make a more comprehensive judicial interpretation,or to formulate a special law for this.On the other hand,the regulation of online shopping format clauses plays a role as a consumer protection association and the role of judicial regulation is also an effective way.