Abstract: According to “The first carrier rule” in the Contract Law，in the sale involving dispatch，when the seller delivers the goods to the carrier independent of the buyer and seller, the risk is transferred to the buyer. However, from the experience of network shopping, it has obviously been breached by practice. In network shopping, both buyers and sellers and third-party platforms agree that the risks of the goods should be borne by the seller. Although it is possible to interpret the online purchase contract of C.O.D. as free on board destination, thus avoiding the application of article 145，there is still a disconnect between law and reality for other types of online shopping contracts. Through comparative analysis, it can be seen that BGB and CESL have set an exception to the “first carrier rule”, which does not apply to the sale of consumer goods，but the Contract Law refers to the CISG，not considering the differences between the international sale of goods and general civil business. For this，the best way is to revise the law，but before this， it is feasible to interpret the online shopping contract as free on board destination.

Key words: online shopping contract；risk burden, sale involving dispatch, the first carrier rule