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The Impact Of E-commerce On Chinese Contract Law

Posted on:2007-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:F CuiFull Text:PDF
GTID:2166360185957554Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
E-commerce is a new trading pattern developed on the modern science and technology and information networks, which is going deep into people's lives and values. E-commerce changes people's work and life styles. At the same time, it has a major impact on the legal system. And for the contract law which adjusts civil trading relationship, it has a more directly impact. Therefore, combination with the current development of e-commerce, this essay put stress upon the analysis of the impact of e-commerce on the Chinese contract law in the following three aspects: the value orientation of contract law, the carrier of the contract and the concrete system of the contract law.Chapterâ… discusses the impact of e-commerce on the value orientation of contract law. As legal norms that adjust the relationship of the commodity exchange, the"Contract Law"reflects the inherent requirement of market economy more comprehensively and thoroughly. And its value orientation of freedom, justice, security and efficiency has been identified by most scholars. With the development of the modern society, the trading pattern has transformed from the monadic structure of traditional commerce to the binary structure of traditional commerce and the modern e-commerce. The impacts of e-commerce on the value orientation of contract law are as followings: first, the emergence of e-commerce has enriched the connotation of the freedom of contract, expanded the selectivity of the contract parties and provided a more convenient tool for the realization of freedom by civil parties. Secondly, e-commerce promotes the rapid development of economic, and at the same time, it enriches the means to achieve the interests and provides a solid foundation for the realization of the justice of contract in the pattern of modern e-commerce. The emergence of network has enriched the information gathering channels. And the justified valuation based on the rich information is...
Keywords/Search Tags:E-commerce
PDF Full Text Request
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