Determination of the Jurisdiction Court for Disputes over Information Network Sales Contracts

With the booming development of the platform economy, online shopping has become a way for more and more people to consume. Unlike traditional consumption, it is crucial to clarify the rights and obligations between consumers, merchants, and platforms in information network sales contract disputes, and to determine the jurisdictional court for information network sales contract disputes in order to support the rights protection of online shopping consumers. On the afternoon of October 25, 2024, in Denghu Classroom, Lawyer Assistant Liang Shuying from our firm analyzed how to determine the jurisdictional court for information network sales contract disputes based on recent cases.

Firstly, Assistant Liang introduced the five steps for determining the jurisdiction court of civil litigation, specifically:

1. Determine whether it belongs to hierarchical jurisdiction;

2. Determine whether it belongs to exclusive jurisdiction;

3. Determine whether there is agreement jurisdiction;

4. Determine whether it belongs to special territorial jurisdiction;

5. If it does not fall into the above four situations, it shall be determined according to the general principle of territorial jurisdiction, that is, following the principle of 'the plaintiff is the defendant'.

Next, Assistant Liang explained in detail how to determine the jurisdictional court for disputes over information network sales contracts through case analysis. The main legal basis is Article 24 of the Civil Procedure Law of the People's Republic of China and Article 20 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China issued on April 1, 2022. In addition, Assistant Liang concluded through the (2024) Yue 0608 Min Chu 2511 case, (2024) Yue 16 Min Zhi Zhong 66 case, and (2024) Yue 15 Min Zhong 692 case that not all shopping activities conducted through WeChat and other media constitute sales contracts concluded through information networks. Only when both parties have clearly agreed on the characteristics of the sales contract, such as the quantity, price, and delivery location of the goods involved in the WeChat conversation, can it comply with the relevant legal interpretations.

Finally, Assistant Liang reminds consumers that while shopping through information networks, they should also raise legal awareness and prevent potential legal risks. When shopping on electronic shopping platforms such as Taobao, Xianyu, and JD.com, it is advisable to choose reputable sellers, check product descriptions and images, understand return and exchange policies, use safe payment methods, and be cautious when dealing with products with abnormally low prices; In the sales contract reached through WeChat, consumers should try to keep WeChat records that reflect the characteristics of the elements of the sales contract, such as the buyer and seller, the price, quantity, and delivery location of the goods. At the same time, they should provide evidence such as transportation documents that can reflect the location of receipt.

After listening to Lawyer Liang Shuying's interpretation, every colleague felt that they had benefited greatly. Thank you very much for the sharing from Lawyer Assistant Liang Shuying today. We look forward to learning more useful knowledge through Denghu Classroom!