20世纪90年代以来,在电子商务迅猛发展的过程中,衍生出一种新的电子格式合同——点击合同。点击合同作为一种典型的格式合同,其可以节省大量时间,有利于事先分配风险,降低交易成本,由此促进企业的合理、高效经营。但同时,由于提供格式条款的一方往往利用其优势地位订立有利于己方的款项,在一定程度上损害了用户的审查权与自主选择权,侵犯了消费者的合法权益。应从点击合同的效力方面探究其规制方法,加强对接受合同一方的立法保护,以促进当事人双方地位平等,实现社会公平正义。 Since the 90s of the 20th century, in the process of the rapid development of e-commerce, a new electronic format contract-click contract has been derived. Click on the contract as a typical format of the contract, which can save a lot of time, is conducive to the distribution of risks in advance, reduce transaction costs, thereby promoting the rational and efficient business. However, at the same time, the party that provides the format clause often uses its dominance to set up a fund that is beneficial to one’s own, which to some extent undermines the user’s right of censorship and autonomy and infringes on the legitimate rights and interests of consumers. The method of regulation should be explored from the point of view of the validity of the contract, and the legislation protection of the party accepting the contract should be strengthened so as to promote the equal status of both parties and realize social fairness and justice.