Research On The Legal Issues Of Network Contract Format Clauses

As we all know,with the continuous progress of the times,network information has become the theme of the times.The extensive use and development of the Internet make the network trading model rise gradually,and with its characteristics of fast,convenient,efficient and so on,it has wonthe favor of the vastnum ber of consumers.Therefore,network trading has become a very important and universal trading model,and network contracts naturally emerge in large numbers.The network transaction mode is different from the tradition al face to face transaction mode.Its own virtual and digital cha racteristics make it impossible for both sides ofthe transaction to negotiate the terms of the transaction one by one.Therefore,the format clause has become the inevitable choice between the t wo parties of the network contract,and in the new environment of network environment,the network format clause has its particularity compared with the general format clause.If the terms of netw ork format are used correctly,it will make the interests of bot h sides of network contract and trade mutually beneficial,and be come the propeller of promoting network transaction.However,if the terms of network format are used unreasonably(that is,when they become hegemonic clauses),the interests of consumers of ne twork contracts will be seriously infringed.At this time,the format clause has become a dispute that leads to the imbalance of the interests of both parties to the network,whether the format clause is included into the networkcontract,how to interpret the format clause and whether its effectiveness is legal or not.Th erefore,it is necessary to study the regulation of network contract format clauses.This article will be divided into the following four aspects to introduce:The first aspect is the introduction.The background,significance,research content and research method of this paper are briefly described.The second aspect is the summary of the case,the court results and the focus of the dispute.This part lists three cases of disputes arising from the form clauses of network contracts.On the basis of introducing the basic circumstances of the case,the author extracts the focus of the law on the basis of the court judgment and provides the foundation for the next step of writing.The third aspect is legal theory analysis.After the brief description of the format clause,the relevant meaning of the form clause of the network contract,the characteristics and the conditions of subscription,and interpretation rule,the judgment of the validity of the case,the focus of the case is analyzed in legal theory.From the point of view of legal principle,the author makes a comprehensive and in-depth analysis and determination of whether the standard clauses are included in the network contract,how to interpret them and how to judge their validity.The fourth part is the conclusion and enlightenment of the c ase.According to the case,the paper draws the corresponding con clusion and puts forward some feasible suggestions on legislation and judicature in view of the problems existing in the practice of the network contract format clause in our country.Therefore,it is more practical to protect the legal rights and interests of one party in order to optimize the regulation of the cont ract format clause.