关键词: 电子商务合同; 格式条款; 公平原则; 《民法典》; 《电子商务法》

Abstract: The Civil Code of China does not give sufficient response to the standard terms of e-commerce contracts， and The E-commerce Law is supposed to provide sufficient legal supply in the future. The homogenization trend of e-commerce standard terms， the aggravation of information asymmetry in the network environment， the lawlessness of commercial innovation and the abuse of e-commerce on users' psychology have brought new challenges to the regulation mode of traditional standard terms. To adjust the standard terms of e-commerce in the civil law， the general legal spirit of the “principle of fairness” should be grasped， the status of both parties to the transaction should be balanced， and the fairness of the contracting process and result should be realized by setting in control and content control. The E-commerce Law should establish the e-commerce rating system based on the “principle of proportion”， add the exclusion rules of abnormal terms， refine the performance methods of e-commerce contract description and prompt the obligations in the network environment， and set up a negative list to realize the legal allocation of e-commerce standard terms.

Key words: e-commerce contract; standard term; principle of fairness; The Civil Code of China; The E-commerce Law