Research On The Jurisdiction System Of Network Contract Disputes

With the rapid development of the Internet era,the popularity of the network makes people gradually from the traditional shopping to the modern network shopping.In order to maximize the benefits of all parties in shopping,sellers and consumers often need to sign network shopping contracts.But with the progress of the society,network shopping contract is not only different from the traditional contract,and network shopping contract also gradually produced many disputes,among which the most need to solve the problem is jurisdiction.China promulgated the judicial interpretation of the civil procedure law in 2015 and adopted the e-commerce law in 2018,one of the purposes of which is to solve the jurisdiction of network shopping contract disputes.In system analysis network shopping system of the jurisdiction of the contract dispute,on the basis of the relevant laws and regulations,combined with Britain,the United States and other countries outside the network shopping contract dispute under the jurisdiction of the applicable specific rules,in view of the current our country at the same time in the network shopping contract dispute of problems existing in the jurisdiction system,under the jurisdiction of the targeted to our country network shopping contract dispute through analyzing the current applicable rules,put forward a sound system of China's online shopping contract dispute over the effective method and can improve the path.In addition to the introduction and conclusion,the thesis is divided into four parts.First,the network shopping contract dispute jurisdiction related theories,mainly about the network shopping contract theory,network shopping contract dispute jurisdiction theory of two parts.Among them,network shopping contract theory includes the concept,classification and characteristics of network shopping contract,while network shopping contract dispute jurisdiction theory contains the theory of jurisdiction relativity,new sovereignty theory and web site foundation theory.The second is to discuss and analyze the current legislative status,judicial practice and main issues in the jurisdiction of network shopping contract disputes.Among them,the legislative status quo of China's online shopping contract dispute over,respectively,in the civil procedure law and its judicial interpretation,"contract law","consumer rights and interests protects a law" is analyzed and the related specifications are standpoints,this paper puts forwardthe current in the place where the defendant has his domicile,contract,agreement jurisdiction,the main problems of three aspects.Third,to the European Union,the United States and other countries and regions outside the current network shopping contract dispute jurisdiction rules,and focus on consumer jurisdiction in place,agreement jurisdiction,long-arm jurisdiction and other content of the key analysis.Fourth,put forward the improvement path of our network shopping contract dispute jurisdiction system,mainly as follows: in dealing with network shopping contract dispute,we should adhere to the principle of equal protection,the principle of facilitating litigation and the principle of autonomy of will;The establishment of convenient litigation jurisdiction rules,that is,to clarify the consumer's location standard,the seller's domicile standard,the application of standard terms;Break through the traditional rules of the place of contract performance,that is,the web site as a new link point,establish the way to distinguish the place of contract performance;At the same time,it makes necessary restrictions on the jurisdiction of the agreement between the parties,and supplements the long-arm jurisdiction rules for the contract of shopping.