Research On The Balance Of Interests Between Subjects In Internet Click Contracts

The widespread application of Internet technology has made people’s lives more and more convenient,and network contracts concluded through clicks have been conceived.As a new form of contract,network click contract has the characteristics of a standard contract in addition to the characteristics of an electronic contract.In daily life,Internet click contract makers rely on the dominant position of format clauses to strengthen their rights to evade obligations,while contract recipients cannot be similar due to the particularity of the click contract’s presentation method,signing form,and complex content.Traditional written contracts attract enough attention when they are signed.As a result,there have been many problems with the imbalance of interests between the subjects of online click contracts,such as: click contract makers use format clauses to evade responsibility,fail to promptly explain their obligations,contract recipients’ right to know,independent choice,fair transaction rights,and personal information rights,Personal privacy rights and other rights are not fully protected,etc.However,due to the imperfect regulation of online click contracts and the lack of specific regulations in China,the legal rights and interests of the counterparty to the contract cannot be fully protected.The first part of this article starts from the basic theory of network click contract,starts by introducing the basic concept of network click contract,combines its development process,and then analyzes the different characteristics of network click contract and traditional written contract,so as to understand the basic theory of network click contract as a whole Make a detailed introduction on.The second part explains in detail the specific manifestations of the imbalance of interests among the subjects through the actual application of the Internet click contract.The third part analyzes the status quo of my country’s click contract legal regulation and the existing problems and summarizes the main reasons for the imbalance of interests in the network click contract.The fourth part of the article finds the enlightenment for the balance of interests between the subjects of click contracts in our country by studying the legal systems and other rules and systems of the United States,the European Union and other advanced organizations.The last part of the article is to learn from the advanced experience of foreign countries for the problems in the click contract mentioned above.It mainly focuses on the current situation of my country’s click contract legislation,the distribution of rights and obligations between subjects,and relief channels,etc.,starting from the perspective of the subject of the click contract,Put forward suggestions on the legal system,administrative control,regulation of consumer associations and third-party institutions,industry self-discipline,etc.,in order to make a modest contribution to the regulation system for the balance of interests among the subjects of online click contracts in the future.