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What are the legal interpretations of e-commerce disputes

Director** Shanxi Xinzhou E-commerce dispute consultation 2020.12.03 14:16:29 465 people read

What are the legal interpretations of e-commerce disputes

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The answer is as follows. The first solution to the jurisdiction of e-commerce transaction disputes is to determine the jurisdiction selection clause in the e-commerce contract in advance of not violating the mandatory legal provisions. The second is to apply the law of the defendant's domicile and the place where the contract is performed. A lawsuit over a foreign-related contract dispute may be under the jurisdiction of the people of the place where the contract is signed, the place where the contract is performed, the place where the subject matter of the lawsuit is located, the place where the distrainable property is located, or the place where the representative office is located. The third is to apply the law of the place of infringement or the defendant's domicile. Article 29 of China's Civil Procedure Law stipulates that a lawsuit brought for infringement shall be under the jurisdiction of the people in the place where the infringement is committed or where the defendant is domiciled. In electronic transactions, "infringement liability may arise from negligence or misrepresentation, or from violation of data protection regulations or data standards. Specifically, electronic transaction infringement mainly includes product liability infringement of e-commerce (such as software sales) and intellectual property infringement.", The parties have the right to choose when a lawsuit for breach of contract can also be filed. The website is very important to determine the basis of jurisdiction in the e-commerce transaction environment. Among the connection factors between e-commerce transaction contracts and physical space, the connection between website and physical space is the most stable, while the connection between other physical spaces such as the place where information is sent and received is relatively difficult to determine. The parties can send and receive information on any computer anywhere, but no matter where they send and receive information, The website of the network service provider it uses will not change in a certain period of time. As far as intellectual property infringement is concerned, in the intellectual property trade, after the author's works are online, the author will not be able to effectively control his own works. Because of the global and open nature of the network, there will be infringement when there is a connection, and the connection place is the infringement place. Therefore, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes, which was promulgated and implemented on November 22, 2000, has determined the method for the place of infringement of network copyright, stipulating that the place of infringement includes the location of network servers, computer terminals and other equipment that implement the alleged infringement; If it is difficult to determine the place of infringement and the defendant's domicile, the place where the plaintiff finds the computer terminal and other equipment of infringement content can be regarded as the place of infringement. For the "formatted" e-commerce transaction contract provided by the seller, which cannot be negotiated, it can be stipulated that the jurisdiction of the consumer's domicile or habitual residence should be taken from the perspective of protecting the rights and interests of consumers. "In electronic contracts, according to the Model Law on Electronic Commerce and the relevant legislation of various countries, there is not much obstacle to determine the place of conclusion of electronic contracts, but it is more difficult to determine the place of performance. For the electronic format contract, because it often involves the protection of consumers' rights and interests, if there is no choice of law clause in the electronic format contract, it may be possible to refer to the traditional conflict of laws system for the treatment of consumer contracts, that is, the principle of the closest connection is not applied, and the law of the country where consumers habitually reside is directly applied. In other words, the principle of party autonomy should be taken as the primary principle, and the law of consumers' habitual residence should be taken as the restrictive supplement and auxiliary principle for the legal application of electronic form contracts. "

The answer is as follows. The first solution to the jurisdiction of e-commerce transaction disputes is to determine the jurisdiction selection clause in the e-commerce contract in advance of not violating the mandatory legal provisions. The second is to apply the law of the defendant's domicile and the place where the contract is performed. A lawsuit over a foreign-related contract dispute may be under the jurisdiction of the people of the place where the contract is signed, the place where the contract is performed, the place where the subject matter of the lawsuit is located, the place where the distrainable property is located, or the place where the representative office is located. The third is to apply the law of the place of infringement or the defendant's domicile. Article 29 of China's Civil Procedure Law stipulates that a lawsuit brought for infringement shall be under the jurisdiction of the people in the place where the infringement is committed or where the defendant is domiciled. In electronic transactions, "infringement liability may arise from negligence or misrepresentation, or from violation of data protection regulations or data standards. Specifically, electronic transaction infringement mainly includes product liability infringement of e-commerce (such as software sales) and intellectual property infringement.", The parties have the right to choose when a lawsuit for breach of contract can also be filed. The website is very important to determine the basis of jurisdiction in the e-commerce transaction environment. Among the connection factors between e-commerce transaction contracts and physical space, the connection between website and physical space is the most stable, while the connection between other physical space and information such as the place where information is sent and received is relatively difficult to determine. The parties can send and receive information on any computer anywhere, but no matter where they send and receive information, The website of the network service provider it uses will not change in a certain period of time. As far as intellectual property infringement is concerned, in the intellectual property trade, after the author's works are online, the author will not be able to effectively control his own works. Because of the global and open nature of the network, there will be infringement when there is a connection, and the connection place is the infringement place. Therefore, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes, which was promulgated and implemented on November 22, 2000, has determined the method for the place of infringement of network copyright, stipulating that the place of infringement includes the location of network servers, computer terminals and other equipment that implement the alleged infringement; If it is difficult to determine the place of infringement and the defendant's domicile, the place where the plaintiff finds the computer terminal and other equipment of infringement content can be regarded as the place of infringement. For the "formatted" e-commerce transaction contract provided by the seller, which cannot be negotiated, it can be stipulated that the jurisdiction of the consumer's domicile or habitual residence should be taken from the perspective of protecting the rights and interests of consumers. "In electronic contracts, according to the Model Law on Electronic Commerce and the relevant legislation of various countries, there is not much obstacle to determine the place of conclusion of electronic contracts, but it is more difficult to determine the place of performance. For electronic format contracts, because they often involve the protection of consumers' rights and interests, if there is no choice of law clause in electronic format contracts, it seems that the traditional conflict of laws system can be referred to for the treatment of consumer contracts, that is, the principle of the closest connection is not applied, but the law of the country where consumers habitually reside can be directly applied. In other words, the principle of party autonomy should be taken as the primary principle, and the law of consumers' habitual residence should be taken as the restrictive supplement and auxiliary principle for the legal application of electronic form contracts. "

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