Research On Adjudication Of Online Shopping Contract Dispute Cases

With the widespread application of online shopping,the cases of online shopping contract disputes accepted by courts have been increased significantly.As an emerging transaction mode,online shopping has many benefits,meanwhile it produces a large number of disputes.The author hopes to explore the understanding direction and treatment of the current difficulties through the study on the judgment of the online shopping contract dispute cases,also hope it could be beneficial to the application of law in related cases and grasp the scale of judgment.This article is logically divided into five parts.After introduction,The first part introduced the characteristics of network shopping,network shopping contract and the disputes it causes,and the network shopping contract disputes;combined the experience of network shopping contract dispute case in practice with the analysis of judgments in China Judgments Online,and summed up the judgement problems of network shopping,mainly finger out the relationship between the network shopping contract disputes and other contract disputes forms as well as the influences to the judgement.According to the conclusion of the first part,The second part of this article starts to discuss these judgement problems and conclude the rules of judgement.From the second part to the fifth part,This article continuously focus on some hot topics,such as the identity and responsibility of the platform provider,the enforcement recognition of the conventional jurisdiction,the prompt and explanation of the standard terms,and the judgment scale of punitive damages.Every parts start with theoretical explanation first,and illustrate some typical judgement examples,then analysis the reasonable factor and the unreasonable part of the judgement,from judgement case to analyze the nature of these problems in detail;finally conclude judgement rules which are scientific and reasonable to deal with these problems,and discuss effective reason in detail.The final aim is to sum up the uniform rules of judgement.