民法框架下网购交易规则的缺陷与解决对策——以《淘宝交易规则》为例

Defects and Solutions of Online Shopping Trading Rules under the Framework of Civil Law: take Taobao's trading rules for example

目前,网络零售交易平台多以淘宝网规则为范本,因此及时发现并纠正其错误非常必要。以淘宝网规则的两大板块,即约束淘宝网自身的规则与约束淘宝网用户的规则为研究内容,指出这些规则的缺陷并有针对性地探讨解决对策,以期引起理论界与实践领域的重视,为保障交易公平提供建议。

Trading rules of Taobao are used as template by the other online trading platforms recently. However there are defects in the rules in many ways, such as internet service provider changing the contract unilaterally, problem of the certifying of the registered users＇ civil capacity, abusing of buyers and sellers＇ rights, unfair compensation provisions and so on. This paper discusses how to improve the rules through more rigorous designing of rules.