Study On Legal Regulation Of The Standard Terms Of Internet Service Contracts

The Network service agreement is an important tool for the network platform to maintain the order of the platform and improve the operation efficiency of the platform in the process of providing network services.Therefore,there exists the problem that is Internet service providers use standard terms to obtain improper benefits.Although our country civil code of the traditional regulation made the format clauses in the contract law,to further the user agreement in the field of electronic commerce of the specification,but due to network service agreement involves the field widely,there are many qualities,make the legislation lags behind the web service the needs of the market,led to the unfair and unreasonable lack of effective regulation path format terms.This paper analyzes the important standard terms in network platform agreements from the characteristics of multiple subjects,compensated nature,unreasonable form and arbitrary variation of network service agreements,summarizes the characteristics of judicial cases of the standard terms of network service agreements in China,and draws on the regulation methods of the standard terms of electronic agreements in the United States.In the logical order of legal regulation,the value basis of the legal regulation of the standard terms of the network service agreement is determined,that is,the balance of interests and the freedom of contract.Then from the empirical analysis of judicial cases to explore the deficiencies of legal regulation and its reasons,and then the legal regulation is divided into three levels of prescribed regulation,interpretation regulation and effect regulation,respectively to discuss the deficiencies and their reasons;finally,on the basis of the civil Code,E-commerce Law and other relevant laws,exploring specific paths in the logical order described above,clarifing the obligations of Internet service providers to draw attention to and explain the terms of the agreement,increasing the opportunity for web service consumers to review the terms of the agreement,balance the interests of the platform side and the user side.