Research On Related Issues Of Online Shopping Contract Format Clauses

The Internet plus shopping has developed unprecedentedly in the Internet era.Format clause is widely used in it.Due to the particularity of network,the format terms are more special in the network transaction: the terms are easier to be hidden,different from the normal format terms,the trading partner is difficult to determine and the seller's reminder obligation is weakened.The exposed problems are also more acute: first,the standard terms are not clear and do not form a system.Second,the content of standard terms is not fair,and there is a gap between the buyer and the seller.Third,it is difficult to determine the validity of standard terms,to determine the binding of standard terms,and to adjust the law in conflict.Fourth,consumer legal relief is limited.Fifth,the examination system is not perfect.It can effectively maintain the order of transaction by adopting reasonable interpretation method to determine the true meaning of the content of standard terms.Therefore,in practice,we should pay more attention to the protection of the buyer who is in a weak position,and pay attention to the fact that the explanation can be accepted by the objective and rational third party and can be widely used by the masses.In addition to the general terms of interpretation,there are special rules of interpretation to better clarify the meaning of the terms.For the validity of specific format terms,only when the seller indicates the existence of format terms in accordance with the law,and honestly explains the true meaning of the content,the buyer has understood the true meaning,and voluntarily accepts the corresponding terms into the contract,so that the format terms can be recognized as being entered.At the same time,compared with Chinese law and German law,German invalid provisions are more detailed and operable.It can be used for reference to the standard of invalidity in German law.The clauses that often appear and seriously infringe upon the rights and interests are strictly invalid,and the judges can exercise their discretion according to the actual situation if they do not often appear and infringe upon the rights and interests lightly.For revocable terms,once revoked,they are invalid from the beginning.At last,the author makes a perfect conception based on the actual situation of our country.In legislation,it is necessary to improve the relevantprovisions of the contract law,clarify the relevant obligations of the seller,and let both parties have laws to abide by in the practical transaction.In the judicial aspect,we should strengthen the examination of clauses,clarify the rules of interpretation of clauses,and expand the scope of jurisdiction choice of consumers without violating the law.In terms of administration,it is necessary to strengthen the examination and verification of standard terms,formulate standard texts for reference of enterprises,and strengthen the spot check and supervision of enterprises that have already formulated standard texts.We also need to give full play to the social supervision of consumer associations,industry associations and the media.In order to make the development of online shopping contract format more perfect,we should take multiple measures.