Research On Information Regulation Of B2C Platform Format Terms

In the Internet era,the convenience and rapidity of online shopping significantly improve the transaction efficiency and catalyze a large number of social consumption.B2 C is an online shopping mode for consumers based on Internet technology.B2 C platform mode,with its advantages of self standardization,self built logistics,reliable quality and timely delivery,has become a new growth point of Internet economy in China with significant growth of active users and rapid development in recent years.The commonality of B2 C online shopping platform services,the virtuality of the use environment,the immediacy of information transmission and the format terms have a natural agreement.In the regions,the platform side reaches an agreement with non specific consumer users through pre prepared and reusable standardized format terms,and establishes the rights between the platform and users remotely The rules of business distribution reduce the cost of negotiation and transaction between the two sides and play an important role in promoting the development of Internet economy.There are advantages and disadvantages.Although the standard terms in B2 C online shopping platform reduce the negotiation and transaction costs of both parties,in actual transactions,there are often large-scale e-commerce platform operators who use their strong position to make terms that favor themselves and damage the rights and interests of consumer users,especially the default check consent,which has aroused widespread concern of the society.In 2019,the e-commerce law came into effect,further clarifying the relevant rules of the format clauses between e-commerce operators and consumers,.In this context,through the investigation of five mainstream B2 C platform user service agreements in China,this paper finds out the new phenomenon of format terms in information presentation,especially in the process of terms formation on the app side of each platform,the information presentation between square inch screens adds many heterogeneity factors,these new changes become the starting point of this paper to explore the legal regulation of format terms.This paper follows the logical thinking of "ask questions analyze problems solve problems"In the stage of putting forward questions,this paper investigates the current mainstream B2 C online shopping platform’s platform member registration format terms(i.e.service agreement and privacy terms)through empirical research,and analyzes the content,text amount,significant prompt mode and presentation proportion of platform format terms,and the way of user’s consent by using quantitative method,and summarizes the current B2 C online shopping platform format terms deposit The typical problems in and the corresponding risks are revealed.In the analysis stage,from the perspective of behavioral law and economics,this paper analyzes the behavioral deviation under the influence of user’s limited rationality,limited willpower and endowment effect.These problems are intertwined and strengthened in the contracting process of format terms,which aggravates the degree of information asymmetry between online shopping platform and consumers,and the space of meaning autonomy of consumers is further squeezed in the contracting process.However,the current laws and regulations are insufficient to solve these problems,so it is necessary to further regulate the meaning agreement of B2 C online shopping platform.In the problem-solving stage,this paper puts forward the information regulation as the starting point to regulate the process of making platform terms,so as to ensure the better realization of the agreement of will.There are two advantages of information regulation in the process of making standard terms: one is objectivity.The regulation of the formation process of the format terms of online shopping platform belongs to the formal regulation,which only adjusts the defect of intention expression of both parties in the formation process of the format terms,does not interfere with the substantive content of the terms,and avoids improper interference.Second,operational advantages.To solve the problem of information asymmetry and consumer behavior utilization of standard terms,it can be realized by multiple means under the strategy of "legal deviation elimination",and the space of relative party autonomy of contract can be guaranteed from the procedural point of view.Guarantee the substantive fairness of the contract with the legitimacy of the contracting procedure.