Study On The Problems And Countermeasures Of The Use Of Online Purchase Contract Format Clauses

Internet transactions account for a large proportion in China's transactions,and more and more consumers choose to adopt online shopping models.In order to conduct transactions quickly and conveniently,operators choose to load the format clauses in the online shopping contract to meet the actual needs.Online shopping activities are different from traditional transactions,which requires us to treat the format terms and the formatting terms in the general shopping contract.How to identify the online shopping format clause requires us to point out its concept and analyze its characteristics.In the process of using the online shopping contract format clauses,learn to use the general rules of interpretation: standing on the objective interpretation position,taking the interpretation of the text as the core,focusing on the purpose of interpretation,respecting the habits of online transactions and individual appointments.More attention should be paid to the special interpretation requirements: pay attention to the extensiveness of the network community,strengthen the protection of consumer rights and interests,and strictly explain the format clauses and the unreasonable interpretation of the format clause providers,so that we can more clearly determine the meaning of the format clauses in use.It is necessary for us to identify the offers and commitments,which are related to the establishment of online shopping contracts.When the format clause is included in the online purchase contract,the law requires the operator to perform special reminder obligations and specific instructions.These obligations are obligations of the parties at the time of contracting,not the obligations of the contract itself.At the same time,the law requires that the method,time,degree and explanation should be timely and effective,and the scope should be appropriately expanded.The law also requires the format clause itself.The format clause to be entered must obtain the consent of the counterparty and is not an abnormal clause.The contract is the product of the party's intention to express the agreement.The party who proposes the contract clause needs to prompt,remind or specifically remind the other party,and the other party's informed consent constitutes the meaning of the agreement.As for the judgment of the validity of the contract,the most fundamental one is that it cannot violate the public interest and the mandatory provisions of the law.The online shopping model rises later,and it is generally resolved by traditional laws when disputes come.In 2019,the "Electronic commerce law" was implemented.Under the guidance of the legal interpretation theory,it is recommended to carry out comprehensive management for the application of the online shopping contract format clause.First of all,improve the legislative system.Refine the ordering rules,judge the mutual agreement,increase the exception clause prohibiting the entry rules and the validity of the corresponding clauses.Strengthen the information disclosure obligations of the trading platform,increase the information disclosure obligations of the main body of the format clause and the goods sold;give consumers the opportunity to fully review the format clauses,and require the operators in the platform to retain transaction-related information to facilitate consumers' inquiries.Second,strengthen supervision and supervision.The administrative agency adopts a combination of pre-recording and post-supervision,and checks the format clauses in online shopping before it is put into use,prohibiting the loading of unfair and unreasonable format clauses.The post-supervision supervision found that the online shopping contract format clauses that failed or infringed the legitimate rights and interests of consumers ordered the operators to correct,delete,and punish the relevant responsible persons;promote social supervision,give play to the role of industry self-discipline and the role of consumer associations in safeguarding rights,and promote the presence of network platforms,and then regulate the format clause.Regulate the format clauses that do not meet the entry rules and the provisions that violate consumer rights,and supervise the e-commerce platform.Finally,the improvement of online dispute resolution mechanism promotes the operation of Internet arbitration,facilitates the resolution of cross-regional disputes,promotes the development of platform mediation mechanism,clarifies the obligations of e-commerce platform,and facilitates the resolution of disputes.