Research On The Legal Application Of Cross-border E-commerce Contracts In My Country

With the development of trade globalization and the advancement of Internet technology,cross-border e-commerce has developed rapidly,and a large number of contract disputes have arisen.There are significant differences between such cross-border e-commerce contracts and traditional cross-border transaction contracts,which makes it difficult to apply the principle of party autonomy and the principle of closest connection to determine the applicable law of this type of contract.As far as the current practice of cross-border e-commerce in China is concerned,these difficulties are mainly concentrated in three aspects: the determination of the validity of the choice of law clauses,the setting of connection points,and the application of domestic mandatory rules on the validity of consumer rights.Specifically,First,the principle of autonomy of will allows the parties to freely choose the applicable law of the contract,but in fact,most platform operators have embedded their own choice of law clauses in the user agreement.The effectiveness of such standard clauses is in judicial practice are different.Second,the principle of autonomy of will is bound by mandatory rules,but the legislation does not specify whether mandatory rules should include consumer rights protection rules.And there is no uniform judgment standard in practice.Third,we have no ideal whether the specific method of the principle of contact can continue to be applied in the context of cross-border e-commerce,and how can the important connection point of the consumer's habitual residence play a better role in protecting the interests of consumers.In order to solve the problems encountered in the above practice,this article mainly starts from our country's legislation and practice,and analyzes the application of law after consumers purchase overseas products or services on cross-border import e-commerce platforms and e-commerce contract disputes arise.Cross-border e-commerce has complex and diverse legal subjects and legal relationships,and the types of disputes are also diverse.The article takes the cross-border e-commerce contract between the e-commerce platform and the consumer as the research object,and clarifies the relationship between the platform and the customer.Regarding the legal application rules of foreign-related consumer contracts,the legislative models of various countries are mainly free choice model,restricted choice model,minimum protection model and excluded choice model.Our country adopts a restrictive choice legislative model,which takes into account the legitimate demands of well-intentioned consumers.It also takes into account the balance of transaction risk distribution.This article examines the applicable laws of foreign countries on cross-border electronic consumer contracts.It is guided by the concept of taking into account substantive justice and conflict justice,and the basic goal is to balance consumer rights and platform-related legitimate rights and interests,and give priority to fairness and the interests of the weak.Efficiency is the basic principle,and the legal application rules of cross-border e-commerce contracts in line with China's national conditions have been proposed: in the application of the principle of autonomy of will,the validity of the choice of law clauses should be determined from both the form and content,and the civil liability of e-commerce platforms should be aggravated,and incorporate the mandatory rules of consumer protection into the category of "directly applicable law".In the application of the principle of the closest connection,soften the traditional objective connection point and apply the subjective connection point cautiously.In the absence of corresponding regulations in the place of close contact,the consumer's protection standard for the consumer's habitual residence law should become the minimum standard applicable to the law.