Research On The Validity Of Agreement Jurisdiction Clause In Online Shopping Format Contract

As electronic standard terms in Internet environment,the agreement jurisdiction terms in online shopping contract have the characteristics of standard terms and are special jurisdiction agreements.Theoretically,the validity of a contract is mainly affected by the procedure and content of the contract,Due to the content of the contract,so the network shopping the validity of the agreement jurisdiction clause in the contract need to be done from two aspects of process and content.Form not only to determine whether agreement jurisdiction clause provides party adopted a reasonable way to remind the other party,the content is to determine whether they satisfy the Contract,the general validity of also conform to the civil code and the civil procedure law and relevant judicial interpretations of the network shopping agreement jurisdiction clause of special provisions in the contract content.From this perspective,in view of the network shopping the agreement jurisdiction clauses in the contract the effectiveness of regulation should also include information regulation and content of the two aspects of rules and regulations,on the one hand,to eliminate the information asymmetry between contract opposite party,put forward about the terms offered to provide obligation,on the other hand by judicial review to confirm the terms and conditions is invalid.Through the analysis of these three groups of cases,this paper compares and combs the jurisdiction of disputes over online shopping contracts in judicial practice.found the people’s court,the contradiction of different classes case sentenced to connection with the decision,and even the same judgment,the judgment basis,explain the concept also is not the same situation,not only damage the judicial credibility,but also unable to guarantee the legitimate rights and interests of consumers.Analysis the reason for this is that the court to network shopping the agreement jurisdiction clauses in the contract the effectiveness of the decision criteria is different: the people’s court in the effectiveness evaluation is to select a single procedure law decision criteria or standards on the applicable substantive law,or both,as well as the two review sequence,the academic circles,has been found in the judicial practice in the larger differences.Through theoretical research,the root cause of these differences is the imperfect regulation path of the agreement jurisdiction clause in the online shopping contract in China.Lack of the legal norm system specification,lead to the judicial confusion."The explanation of the civil procedure law" article 31 for insufficient consumer form the agreement jurisdiction clause in the contract.Meanwhile,articles 496,497 and 498 of the Civil Code are not detailed enough in terms of applicable conditions and judgment standards,and lack guidance.This makes the validity of the agreement jurisdiction clauses in the judicial practice in the choice of a way that the logical confusion,need a clear standard to guide the concrete practice,through the theory analysis of the network shopping the effective elements of the agreement jurisdiction clauses in the contract,conclude influence the effectiveness of programs and measures to clarify the content of the conclusion of the Combined with outside for format agreement jurisdiction clause,online format contract related experience,combined with China’s national conditions is operational suggestion are given,on the one hand,to establish the perfect,the legal system of the logical system,on the other hand is the information regulation and content regulation applicable in the judicial practice problems answers and guidance,to guarantee the realization of substantial justice.