Study On The Problem Of Contractual Ability Of Minors In Electronic Contract

E-commerce contributes to our country economy development in enormous power, but also it produces some disputes which are rare in traditional trading. Due to their individualities, these disputes make electronic contract become a growing concerning topic in the field of Electronic Commerce Law. However, in order to solve the questions which concerned the emerging electronic contract, the civil capability of the parties is the basic question in such a research subject. In addition, along with the gradually popularization of the network and the informatization of the family and school, more and more minors take part in internet affairs and conclude electronic contract. Owing to the great differences between on-line business and traditional business, it makes electronic contract have great differences with traditional contract in many aspects. However the civil law of our country doesn't make a clear relation of civil capability of minors in electronic contract, which affects the affirmation of the effectiveness of the minor electronic contract. How can the traditional civil capability adapt to the new field? Such a question is the basic research subject of the essay. On such a basement, the essay concentrates on the issues of the civil capability of minors in electronic contract and makes some suggestions on this subject.In the first part, the author introduces the conception of the contract firstly. Using the inductive method, the conception of electronic contract is defined. Then the author makes an emphasis of the characteristics of electronic contract, which are different from traditional contract. At the last, the author makes classification of electronic contract.The second part introduces the civil capability of minors in different law systems, such as in the continental law system, in Common Law System and also in our country; makes an analysis of the affections of electronic contract to the civil capability. The author then draws the conclusion on this issue.The third part, firstly analyzes the fraud problem in traditional contract, and then makes an analysis of the fraud problem of minors in the field of electronic contract. And the author puts forward that it is necessary to examine the fraud problem again in the electronic contract.The fourth part points out that there are some defects of the civil capability of minors in our country firstly, as well as makes some suggestions to this issue. Meanwhile, In order to form the special legal system of electronic contract, we should speed up electronic commerce legislation's step of our country.