Research On The Standard Terms In Network Service Contract

With the continuous development of science and technology,the rise of various network services,online shopping,takeout,taxi...and a series of network service types have emerged and developed,covering all aspects of people's clothing,food,housing and transportation.Video player has also become the software frequently used by people.But when people enjoy the convenience,their rights and interests are likely to be infringed inadvertently.Because the network service is for a large number of people,operators can not provide one-to-one services to customers like offline transactions,usually using format terms to clarify the rights and obligations of both parties.However,due to the particularity of its own presentation mode,signing mode,wide range of objects,and too complex content,network service contract can not attract enough attention and attention of both parties like ordinary written contract when signing.Network service providers often take advantage of standard terms to increase their rights and avoid obligations.All kinds of contradictions and disputes arising therefrom need to be solved from the legal and institutional aspects.The event of leading point show of iqiyi and Tencent video has aroused widespread concern of the society,which makes people see many problems hidden behind the terms of network service format for a long time,such as:the network service provider evades its responsibilities through the format regulations,fails to timely remind of the modification of the agreement,and the legitimate rights and interests of users are not fully protected,etc.People are exposed to more and more network software services in their daily life,which means that they are exposed to more and more standard terms.Usually,users just click the "agree" option and don't pay attention to it.Few users have read the terms carefully.However,when our rights and interests are really violated,we find that the terms and contents that restrict users' rights actually exist in the agreement,or have already been added to the agreement by the network service provider in advance,which makes it very difficult for users to appeal.In the past,most of the researches focused on the e-commerce field such as online shopping and the protection of personal information,but few on the membership protocol of network service software.Although the membership agreement of network service software also includes the issues of network transaction and personal information security,it also has its particularity and special dispute focus,which needs to be studied in depth to standardize the basic content of format terms in relevant fields,and make certain restrictions on platform rights.Starting from the case of a lawyer suing iqiyi group,starting with the particularity of network service format terms,this paper mainly takes iqiyi service agreement,Tencent video user service agreement and other video playing software service agreements as examples,adopts case analysis method,comparative analysis method,and combines empirical research and normative research to analyze the existing video playing software in detail The common problems in the provided format terms include the use of format terms to avoid legal restrictions,the network service provider can change the agreement content at any time,the network service provider excessively exempts itself from responsibility,excludes user rights,and the court of jurisdiction is not clear when disputes occur.There are three reasons behind it:the serious loss of the platform itself,the weak awareness of the general rights protection of users,and the imperfect legal regulations.Finally,in view of these problems from the legal,administrative and social regulation three aspects respectively put forward some suggestions,in order to make a contribution to the improvement of network service format terms in the future.