helps to regulate the network behavior of
Zhang Yan of Qingbaijiang court, according to the idea of justice, the judicial interpretation of "force" has emerged, as the seller, or return to travel to, which lower cost? This is clearly self-evident. In short, the implementation of the judicial interpretation, to regulate the network behavior, and promote the healthy development of e-commerce."
online shopping disputes, if the seller does not cope with the treatment, consumers want to sue, then had to go to the location of the seller to thousands of miles outside the court. Such provisions will be trying to take legal means to protect the rights of consumers.
this reality has changed: yesterday, the Chengdu Daily reporter learned that, according to the system of civil litigation jurisdiction, the Supreme Court Judicial Committee the special committee of Du Wanhua in the latest issue of "applicable law" magazine on the Civil Procedure Law of the judicial interpretation of the new regulations, according to the new spirit of the Supreme Court, for online shopping the contract dispute, except otherwise agreed by the parties, the buyer’s domicile or receipt as a contract. This also means that, due to the controversy caused by online shopping, consumers can sue at home.
although some e-commerce companies have doubts about this provision, but such provisions facilitate the parties to litigation, the principle of justice for the people." Du Wanhua is a statement.
online shopping cited disputes can be filed at home
yesterday, a "Supreme Judicial Committee Special Commission interpretation of Xinmin v. nine issues" interpretation of article in many legal public number spread. Through the inquiry, the Chengdu Daily reporter found that this is the Supreme Court of the special committee Du Wanhua, in the supreme law, the National Institute of justice sponsored by the law applicable to the magazine published the latest article. The most interesting thing in the article is the detailed interpretation of the performance of the electronic contract.
"a sales contract concluded in the form of an information network, which delivers the subject matter through the information network, to the place where the buyer is domiciled. Where the subject matter is delivered by other means, the receiving place is the place where the contract is performed. Where the contract is agreed upon, the contract shall be agreed upon." According to the law of judicial interpretation of the latest implementation of this year, Du Wanhua wrote that "further interpretation, through the information network to deliver the subject, is to buy rather than by the operator seat for the contract." Although some e-commerce companies have doubts about this provision, but this provision is easy for the parties to litigation, the principle of justice for the people."
told Chengdu Daily reporter, Qingbaijiang court vice president Zhang Yan said that the so-called information network delivery, usually refers to the purchase of movie tickets, e-books, electronic payment cards and other virtual objects through the network can achieve delivery. The other will be visible to the buyer, for other delivery, "this also means that, regardless of tangible and intangible, ultimately by the buyer are located or receiving court is in favor of the buyer." In this regard, a lawyer told the Chengdu Business Daily reporter: the supreme law this