网上电子格式条款的法律问题及规制策略

Terms of web-based electronic format of the legal issues and regulatory strategy

网上购物是以格式条款为基础订立合同的,所谓格式条款,又称格式合同,是指当事人为了重复使用而预先拟定并在订立合同时未与对方协商的条款。本文对格式条款存在的问题及根源进行了探讨,提出为保障交易公平和网上消费者利益,应从立法、司法、行政等多方面共同对格式条款进行规制。

Internet shopping is a format based on the conclusion of the contract terms and the terms of the so-called format,also known as the format of the contract is subject to re-use pre-prepared and not in the formation of contracts in consultation with the terms of each other. In this paper,the terms of the format and the root causes of problems are discussed and put forward a fair deal for the protection of the interests of consumers and on-line should be legislative,judicial,administrative and other terms and conditions common to the format regulations.