网络购物标价错误的法律问题分析

发布时间：2019-06-11 17:56

【摘要】：随着网络不断发展,网上交易不断增长,但随之而来的就是各种各样的问题。网络购物过程中频繁发生标价错误问题,在如何处理该问题上,理论与实务界有很多争议。我国台湾地区发生过多个网络购物标价错误案件,法院的处理结果和学界的相关学说对我们处理此类问题有很多值得借鉴之处。网络购物标价错误情形下,合同是否成立,到底是在何种情况下成立,这是发生此类案件时,双方当事人最大争议之处。当事人在网络购物过程中订立的买卖合同本质上与传统合同相比是一致的,也是由要约与承诺构成。在认定商品网页的性质时,不能简单地将其认定为要约或要约邀请,应结合要约的定义和实际案件的情况进行分析。对于网络交易合同中的格式条款,如果符合相关法律对于格式条款的规定,又不存在合同无效的法定事由,应当承认其在合同中的效力。购物网站系统发出的订单确认信的性质,根据信息具体内容来判断其是否构成承诺。按照交易条款的规定和付款方式,来判断消费者付款对合同成立的意义。在标价错误合同成立的情形下,当法院认定合同已成立时,我国网络经营者一般会以重大误解为由请求撤销合同。我国的"重大误解"与其他国家的"意思表示错误"相似,所以在标价错误案件符合重大误解的构成要件并且销售者不存在故意或者重大过失时,销售者可以此为由来请求撤销合同。至于以欺诈、胁迫、显失公平等原因来撤销合同,按照相关法律来判断即可。标价错误合同被撤销后,德国和我国台湾地区一般将因此引发的赔偿责任认定为信赖责任,但我国对此并无专门规定。我国对撤销合同的法律后果进行了规定,但是规定不甚明晰,在法院适用时造成了一定困难。所以本文在分析标价错误行为时,依然将其认定为缔约过失责任,这时可以利用我国相关法律对标价错误行为造成的损失进行救济。很多学者主张对网络问题进行专门立法,但立法并非一朝一夕可以完成。通过分析网络购物合同成立、撤销以及在撤销合同后责任的承担,以期运用我国当前法律解决在网络购物标价错误中存在的一系列问题。
[Abstract]:With the development of the network, the online transaction is growing, but it comes with a variety of problems. There are many disputes in how to deal with this problem in the process of network shopping, and there are many disputes between theory and practice. There are many cases of network shopping list price in the Taiwan area, and the processing results of the court and the relevant theories of the academic circle have a lot of reference for us to deal with such problems. In the case of a network shopping list price error, whether the contract is established or not, which is the case in which such a case occurs, is the biggest dispute between the parties. The sales contract concluded by the party in the course of network shopping is in essence the same as that of the traditional contract, and is made up of the offer and the promise. In the determination of the nature of the commodity web page, it is not easy to identify it as an offer or an offer invitation, and it should be analyzed in combination with the definition of the offer and the case of the actual case. For the terms of the format in the network transaction contract, the validity of the contract shall be recognized if the relevant laws are in accordance with the provisions of the relevant laws and the legal reasons for the invalid contract. The nature of the order confirmation letter sent by the shopping website system determines whether or not it constitutes a promise based on the specific content of the information. The meaning of the payment of the contract to the contract shall be determined in accordance with the terms of the transaction and the manner in which the payment is made. In the case of the establishment of a bid price error contract, when the court determines that the contract has been established, the network operator of our country will generally be misinterpreted as the request to cancel the contract. The "a major misconception" of our country is similar to the "It means an error." of other countries, so the seller may request the cancellation of the contract if the price-error case is in the form of a major misunderstanding and the seller does not have a deliberate or gross negligence. In the case of fraud, coercion, and fair and other reasons, the contract shall be revoked, and it shall be determined in accordance with the relevant laws. In the case of the cancellation of the price-priced error, the liability for compensation in Germany and Taiwan in general will be recognized as the responsibility of the trust, but there is no specific provision in our country. The legal consequences of the cancellation of the contract are stipulated in our country, but the provision is not very clear, which has caused some difficulties in the application of the court. Therefore, in the analysis of the misbehavior of the list price, this paper also finds that it is the fault liability, which can be used to remedy the loss caused by the misbehavior of the list price by the relevant laws of our country. Many scholars advocate the special legislation on the network problem, but the legislation is not a day-to-day. Through the analysis of the establishment, withdrawal of the network shopping contract and the liability after the cancellation of the contract, a series of problems existing in the network shopping list price error can be solved by using the current law of our country.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D923.6

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