中国手机购物软件用户协议格式条款的法律规制

다국어 초록 (Multilingual Abstract)

Mobile phone shopping has become the most popular way of shopping in China. According to statistics, more than 600 million people in China will use mobile phone application for shopping. In order to successfully purchase, users need to sign a user agreement before using the mobile phone application. This kind of user agreement consists of standard terms, if you do not agree with the entire content of the terms, then can not be online shopping.User agreement are prepared in advance and reusable, enabling network service providers to quickly reach contractual relationships with hundreds of millions of users, which is highly efficient and convenient. However, the content of the user agreement cannot be changed also means that once unfair standard terms appear in the agreement, it is difficult for users to have a choice. In order to prevent the user agreement from becoming a tool for mobile phone application operators to infringe on the legitimate rights and interests of users, it needs necessary legal adjustment and intervention.
On November 4,2022, the Supreme Peoples Court issued the ≪Interpretation of the Application of the General Provisions for Contract Law of <the Civil Code of the Peoples Republic of China> (Draft for Public comment)≫. Among them, article 10 and article 11 both involve the specification of standard terms. The judicial interpretation has not yet been formally issued, so it is high time to study the standard terms of the user agreement.
Article 496~498 of the ≪Civil Code≫ stipulates the standard terms, including the conclusion rules, validity rules and interpretation rules of the standard terms. Through practice and theoretical research, found that there are some problems in the regulation of standard terms of user agreement of mobile phone shopping application, such as unclear “prompt” and “explain” obligation, online contract establishment time controversial, “the terms of the significant interest” definition is not clear, “user information protection and authorization” terms content is not reasonable. This can be resolved by imposing obligations on mobile phone shopping application platforms, clarifying the application of contract terms and conditions, intervening in the standard terms and conditions, and regulating personal information authorization terms.