Research On Problems In Regulations Of The Standard Clauses Of Electronic Consumer Contracts

With the rapid development of e-commerce.consumers are enjoying the advantages of fast,convenient and efficient online shopping.At the same time,consumers are faced with the freedom of contract and the crisis of fairness in terms of standard clauses.Therefore,it is necessary to guard against the legitimate rights and interests of consumer from being infringed by e-commerce operators through the standard clauses.There are many differences between the standard clauses and the traditional form clauses in the electronic consumer contract,which bring many new problems to the regulation of clauses.In addition to the introduction and conclusion,this article is divided into three parts.The first chapter discusses the subscription regulation of standard clauses.The purpose of the subscription regulation of standard clauses is to ensure the freedom of contract.The assumption of "rational person" in the traditional subscription regulation of standard clauses can no longer meet this demand.We should build the subscription regulation of standard clauses on the basis of the theory of "limited rational person" in behavioral law and economics.In order to avoid the "click pleasure" of consumers under the Internet environment,we should design a cooling down period system to forcibly postpone the promised time.Because consumers don't pay the same attention to all standard clauses,in order to improve the efficiency of the subscription regulation,e-commerce operators should bear more strict disclosure obligations to the core payment terms than the incidental terms.The standard clauses that can be effectively signed into the contract should be significant in terms of terms appearance and content,and be understood by the general consumers.If the entry standard is not met,the corresponding standard clause should be "not entered into the contract",rather than "revocable".The second chapter discusses the content regulation of standard clauses.The legitimacy of content regulation of standard clauses is based on the risk that users abuse the freedom of contract to infringe on the legitimate rights and interests of the opposite party.In electronic consumer contracts,consumers are generally in a weak position,resulting in a higher risk.However,it doesn't mean that all standard clauses belong to the object of content regulation.For the core payment terms,they are the necessary content of the contract,usually with a high degree of agreement,and should be regulated by the market mechanism.The legislative mode of content regulation should adopt the abstract+concrete three-level mode,with the principles of good faith as the general principle of content regulation,and set up the rules as the concrete principle of good faith,and finally set up the "blacklist" and "grey list" to provide clearer legal guidance for content regulation of standard clauses.The third chapter discusses the public law regulation of standard clauses.Compared with judicial regulation,administrative regulation has its special advantages.It should cooperate with judicial regulation to form a closed regulatory system.At present,China has not formed a unified administrative regulation system.We should make clear the specific regulation subjects,reduce cross enforcement,and improve regulation efficiency.The system of record and review is widely used in our country,but the standards of review are different in different places.We should establish an open system of adjudication registration to achieve the same effect of review standards.The administrative organ should play a more active role in formulating the model and information disclosure standards,and adopt a variety of administrative regulation measures to make up for the lack of judicial regulation.