Research On Civil Law Problems Of Pricing Error On Websites

With the development of the Internet technology and the improvement of people's consumption level,the Internet penetration rate has increased year by year.The convenience of the Internet makes it a new way for people to trade,but because of this,there will be a variety of new problems.For example,in the process of online shopping,the problem of incorrect price in web pages occurs frequentlly,and as for the solution to deal with such disputes,the controversies between the theoretical and practical circles have existed for a long time.Under the condition of wrong price,whether the contract is established or not and at what point is the first key point between the two parties in the case of this kind of disputes.The user agreement of the website usually stipulate the conditions for the establishment of the online shopping contract in the format clauses.Because their essence are disguised aggravation of the transaction burden of consumers,and there is a suspicion that the operator excludes their responsibility,so it should be identified as invalid.The online shopping contract can not be separated from the requirements of the traditional civil law theory--consisting of offers and promises.Therefore,as for the nature of the information on the website for sale,this article considers that the pictures and words of the products on the web page are aimed at attracting orders from unspecified consumers.It is difficult to infer that the operators are bound by them.Moreover,in the face of the possibility that most consumers may order at the same time,considering that the operators may fall into the risk of failing to perform the contract,it is more appropriate to identify the web page information as an invitation to offer.In addition,in the two special cases :“display inventory” and digital virtual goods sales,web page information as an offer is more consistent with the trading habits.Under this premise,the buyer's order should be identified as an offer,and the time when the operator makes the promise should be judged by the specific content of the reply information.If it is determined that the error price online contract has been established,the network operator will generally request to cancel the contract in China,claiming that the price error lead to the mistake of expression of intention,which constitutes the major misunderstanding;but the consumer defend that does not constitute the misunderstanding.It is the second key point that has caused controversy.The article starts with the reasons of the price error,and it also combined with the economic loss degree and the subjective mentality of the operator,so I think that the price error constitutes the major misunderstanding in most cases,and the contract can be revoked.Besides,in some cases,the “obvious injustice” system also has the possibility of application.After the contract is termionated,although the legal consequences of the revocable contracts are still unclear in China,I believe that the contracting fault liability can be extended with expanded interpretation,so it can relief for losses caused by revocable contracts without shaking the existing legislative roots in our country.It is an inevitable requirement for the advancement of the emerging areas to carry out special legislation,but how to make up for these gaps before the introduction of relevant laws is the universal difficult problem.In order to provide relatively reasonable solutions to similar disputes under the current legislative background of our country,the paper analyzes the establishment,effectiveness and responsibility of the error price online contract.