电子商务格式条款“隐蔽性”问题对消费者的误导及法律规制

The Misleading Effect of the “Hidden Nature” of Standard Terms in E-Commerce on Consumers and Its Legal Regulation

摘要: 电商经济蓬勃发展中，格式条款因能提升交易效率被广泛应用，但其“隐蔽性”问题凸显。格式条款通过位置隐藏、表述晦涩等形式，误导消费者并损害其知情权、选择权与公平交易权，增加维权难度。现有法律虽构建规制框架，但存在立法模糊、监管乏力等困境。本文结合实践剖析问题与困境，借鉴国内外经验，从立法、监管、司法层面提出优化建议，旨在破解权益失衡，为电商经济健康发展构建公平透明环境。

Abstract: Amid the vigorous development of the e-commerce economy, standard terms are widely used for their role in improving transaction efficiency, yet their “hidden nature” has become prominent. By means of hiding in obscure positions and using unintelligible expressions, these standard terms mislead consumers, impair their rights to information, choice and fair transaction, and increase the difficulty of safeguarding their rights. Although existing laws have established a regulatory framework, there are predicaments such as vague legislation and weak supervision. Combining practical cases, this paper analyzes the problems and predicaments, draws on domestic and foreign experiences, and puts forward optimization suggestions from the legislative, supervisory and judicial levels, aiming to resolve the imbalance of rights and interests and build a fair and transparent environment for the healthy development of the e-commerce economy.