Research On The Risk Burden System Of Online Shopping Contracts

In recent years,with the rapid development of computer science and technology,online shopping comes into being with the development of computer science and technology,and more and more people choose online shopping.Looking back at the "double 11" activities in recent years,the volume of transactions of online shopping platform "Taobao Mall" is incredible,and the growth rate of turnover is increasing year by year.With the popularity of online shopping,online shopping goods are damaged and lost frequently in reality.As for who is responsible for the damage and loss of the subject matter of online purchase,the legal provisions of our country are relatively vague.In this paper,the author focuses on four aspects.The first part analyzes the basic theory of risk burden of online purchase contract.The second part focuses on the theory of contract risk burden and three kinds of theories,emphasizes the rationality of delivery doctrine,and demonstrates what kind of theory should be adopted for the risk burden of online purchase contract in China.The third part studies the advanced experience of other countries in the risk burden of online purchase contract by comparative method,and puts forward the problems in the risk burden of online purchase contract in China.The fourth part analyzes the ways to deal with the risk burden of online purchase contract in China from three aspects: autonomy of will,exclusion of autonomy of will and the seller's breach of contract.It is expected to guide the legislative and judicial practice of our country and lay a solid foundation for the construction of the risk bearing system of online shopping contracts.