Research On Legal Issues Of Format Jurisdiction Clause In Network Contract

With the rapid development of electronic information technology,network contracts have a decisive position in people's lives.The format jurisdiction clause in the network contract is particularly important as an efficient dispute resolution mechanism after the major network platforms have disputes with consumers.At present,China does not have relevant provisions specifically for the resolution of disputes governed by the network format,and the dispute resolution mechanism can only be applied when disputes occur.However,due to the difference between the jurisdiction of the network protocol and the jurisdiction of the traditional protocol,the way in which disputes are handled is also very different.In practice,the application of laws and regulations related to the jurisdiction of disputes over the format of network contracts seems to be inadequate,and there is an embarrassing situation of different judgments in the same case.Therefore,how to construct a more complete network contract format jurisdiction system has become a widespread concern.In order to further analyzing the application of the format jurisdiction clause in the network contract in practice,the network format jurisdiction system is improved.Apart from the introduction and conclusion,there are six chapters in this article.The first chapter is the case of disputes over the jurisdiction of online shopping contracts between Xu Yousheng and Suning Tesco Group Co.,Ltd.Suning Procurement Center.It analyzes the basis of the first and second instance courts to make corresponding judgments,and leads to the problems in the application of the format jurisdiction clause in practice.Chapter 2 splits the format jurisdiction clause in the network contract into two parts:the network contract format clause and the jurisdiction clause,and introduces their concepts and characteristics respectively,so as to integrate and explain the concept and characteristics of the network contract format jurisdiction clause,which is the format in the network contract below The problems faced by the jurisdiction clause are foreshadowing.The third chapter analyzes the status of the application of the format jurisdiction clause in the network contract from three angles.First of all,the "Judgment Document Network" related documents related to the disputes of network contract jurisdiction clauses were analyzed and analyzed from different perspectives.Secondly,the existing laws and regulations of our country were combined,and then the existing network contract format jurisdiction clause system in China was analyzed.Questions,such as whether the court where the platform resides needs to avoid the existence of differences,the phenomenon of different judgments in the same case,etc.The fourth chapter further analyzes the reasons for these problems and derives three reasons:the limitation of the agreement court and the connection point;the unclear validity of the format jurisdiction clause in the network contract,and the protection of consumers as the weak.Chapter 5 mainly studies and analyzes the legal provisions on related issues in the Anglo-American legal system,the civil law system and international conventions.Chapter 6 discusses the direction in which the jurisdiction clauses of the network contract format in China can be improved:The author suggests that the jurisdiction of the network contract agreement can be adjusted from the principle of actual contact to the principle of minimum contact.A more detailed law regulates the format of the format jurisdiction clause in the network contract,and improves the protection system for the weak in network contract disputes.Finally,we can find that improving the use of format jurisdiction clauses in China's network contracts should conform to the characteristics of network contracts,the trend of the electronic information era,and comply with specific principles such as the protection of consumers as the weak.Self-discipline and healthy development.