| with the continuous popularization and development of the Internet,online shopping has become a new way of shopping.Because online shopping is convenient,fast and quickly accepted by people,more and more people do online shopping.In recent years,the per capita disposable income of Chinese residents is increasing,and online shopping has become an indispensable consumption channel for Chinese Internet users.According to the research report,from 2013 to 2018,the amount of online shopping transactions in China increased from 267.9 billion yuan to 5737 billion yuan,with a growth rate of 84.6%.By 2019,the amount of online shopping transactions will reach 6661 billion yuan.The latest survey data shows that in 2020,the number of online shopping users in China will be nearly 659 million,the penetration rate of online shopping will reach an unprecedented 79.5%,and the transaction amount will reach 6.82 trillion yuan.According to this series of research results in recent years,online shopping is becoming more and more popular,nearly half of the population in China are online shopping.In the process of online shopping,it is impossible for the seller to sign a specific contract for each consumer,otherwise it will not only lead to cumbersome procedures,low efficiency and high cost.The format terms in online shopping contract are produced by using the virtual online shopping market and in the form of electronic data to comply with the development of the information age.As a new form of format contract,the format contract of online shopping has obvious advantages and disadvantages.At the same time,the validity of online shopping contract has been controversial.This paper mainly focuses on the differences between the format terms of online shopping contract and general contract,as well as the particularity and validity of the format terms of online shopping contract Research.This paper is divided into five chapters to analyze and study the format terms of online shopping contract:the first chapter is the introduction,which mainly describes the background significance of writing this paper and the related research status at home and abroad;the second chapter leads to the format terms of online shopping contract through the different cases of the court of first and second instance about the validity of the format terms of jurisdiction difference in an online shopping contract dispute The third chapter analyzes the differences between the same format terms and the general format terms of online shopping contract,and discusses the particularity of the format terms of online shopping contract;the fourth chapter discusses the different effectiveness forms and the problems in legislation,information disclosure and consumer protection based on the particularity of the format terms of online shopping contract;the last chapter analyzes the differences between the format terms of online shopping contract and the general format terms of online shopping contract Starting from the existing problems of the standard terms of the purchase contract,this paper puts forward corresponding suggestions on the regulation of the problems from the national(legislative,judicial,administrative),social(public opinion supervision,consumer association regulation)and individual(consumers,operators)levels.The conclusion part summarizes the writing chapter of the paper,once again names the particularity of the format terms of online shopping contract,as well as the imperfection of the corresponding laws,regulations and policies.Facing the particularity of the effectiveness of the format terms of online shopping contract under the principle of freedom of contract,how to effectively regulate is the key point.In the era of rapid development of the Internet,online shopping has become the norm.The standard terms of online shopping contract not only have the generality of the general standard terms,but also have its particularity.The existing laws and regulations can not completely solve the disputes of the standard terms of online shopping contract.Therefore,it is necessary to study the standard terms of online shopping contract. |
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