School of Law, Yunnan University, Kunming, 650000, China
The first part of this paper summarizes the characteristics of e-commerce platform format contract: stereotypes, that is, stability and invariance. At the same time, it is concluded that the e-commerce platform format contract differs from the characteristics of ordinary format contract: the signatory’s behavior ability is difficult to distinguish and the obligation to remind is weakened. This paper summarizes the e-commerce platform and the extension of its format contract, and gives its remarkable characteristics. The second part, by analyzing the format contracts of the major e-commerce platforms, summarizes the format terms of several e-commerce platform service agreements or registration agreements: (1) the terms of the jurisdictional agreement. (2) The network service platform may modify, suspend or stop the service strip unilaterally at any time. (3) User data and usage habits, preferences collection terms. (4) The format terms of the offer, invitation and commitment. (5) The format clause of the order of the dispute resolution procedures. The third part puts forward the problem that the logical rules and validity evaluation rules that judge the validity of the format clause in the macro-existence in judicial practice are not clear, while there are cases in the microcosm where the contract clauses of individual typical formats may be substantially invalid, and the problems arising from the macro and micro are analyzed. Finally, in the face of these macro and micro problems, the paper gives solutions: first, the establishment and entry into force of the contract should be judged separately; And according to the resulting method, the effect of the micro-problematic format clause summarized above is evaluated one by one.
e-commerce platform, format contract, format terms, validity judgme
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