Research On Several Legal Issues Of Electronic Contract

With the rapid development of science and technology, Internet communication continues to develop, the popularity of the Internet for E-commerce to provide a realistic appearance of the soil. E-commerce in its new mode of operation of the economy, implementation of the Ultra-conventional, by leaps and bounds of the development .E-commerce has greatly enriched our live, commercial activities brought Wide-Ranging impact on daily life of people and commercial activities, and is profoundly changing the operation rules of human established society. Network transactions are now deep into every aspect of people's livelihood. E-commerce in a few years miraculously rise indicates that in the 21st century, the E-commerce as a new business way is affecting everyone in society life. It bring the new challenges and opportunities for Social development. EU countries and the United States and international organizations have E-commerce legislation in recent years. With the world economy gradually speed up the integration process, especially our country's accession to the World Trade Organization, e-commerce in our country have been promoting greater use and development. Development of e-commerce brought about by an increasing number of electronic contract dispute. E-commerce has a great impact on people's lives, online shopping to meet the people in need to provide convenient services, which also appeared the new dispute in the transaction, through the network of electronic contract signed there are many puzzling questions, such as China's traditional contract law and civil legislation to electronic contract at new question whether to can achieve the purpose of legislation making transactions a smooth, convenient and can be played effect in the maintenance of the normal exchange of e-commerce order ? The traditional legal system faced with unprecedented challenges. Compared with developed countries in the world of e-commerce (such as the United States, Japan, etc.), our country's e-commerce laws and regulations related to is lagging behind, For the new problem in Electronics contract, there is considerable room for the legislation.In this paper, from the foreword, composed of four parts and the conclusion , it explore the issues about the applicable law of electronic contract , because of the specificity of E-commerce and speed, a lot of the traditional legal to process of E-commerce at new question is not fit, the new problem at E-commerce transactions, the existing legal sometimes in an embarrassing state of the law or are not relevant to do adjust, or adjust existing laws can do is Time-Consuming and Labor-Intensive, more harm than good, contrary to the characteristics of E-commerce easy. In this paper, combined with the form of actual cases of the new electronic contracts analyzed, to china's electronic contract legislative models and laws and regulations put forward ideas and views. The purpose of this paper was to be able to provide the feasibility proposed of E-commerce legislation for our country that in order to do our bit development of electronic commerce in our country.The first part of electronic contracts express the meaning of questions, for the parties in violation of the principle of good faith and electronic errors caused of electron contract dispute by combination electronic contract cases to discuss electronic contract problems mean that the behavior and the meaning of inconsistency. Development of E-commerce can not be achieved without the use of the form of the contract. Electronic contract is the implementation of E-commerce tools and instruments, in E-commerce law at the heart of. therefore to strengthen the legal protection of electronic contract, it has become an important in the maintenance of electronic transactions safety aspect. For the development of the traditional legal system based on Paper-Media to adjust the electronic contract in the E-commerce environment, there is no doubt will have some legal issues. The second part about contracting parties to the contract electronics capabilities described. The face of data telecommunications as a carrier of in electronic contract, the traditional legal system, faced with unprecedented challenges. In the electronic contract, because of the specificity of the media, as well as the use of the younger age of the Internet, minors use of other people's information and intentionally fraudulent situation the effectiveness of the formation of electronic contract are ? Combination of e-commerce minors to enter into a contract in the case of minors parties to start on minors parties, in accordance with China's existing legal minors who have entered into a contract on the effectiveness Start on, while reference some experience of other countries legislation, consider proposed legislation. Prevention and control of fraud, the need for fair and equitable trading order. Part III of electronic contracts fraud, combined with Korea's implementation of network the real-name system, analyzing at present the country out of the network the Real-Name system whether can solve effectively control the issue of electronic contract fraud. The fourth part of the discussion is the e-contract breach of contract litigation relief channels and non-litigation channels. Preliminary proceeding of the channels a number of issues arising, it expounded that non-action channels arising a number of the issues from Consumer protection arising a number of issues, at the same time reference from other countries to explore that how to better solution the small consumer electronic contract dispute in our country. Western developed countries, relatively speak, our country in the E-commerce legislation can be said that has just begun. E-commerce's rapid development also requires on the Legislation of electronic commerce to speed up the pace in order to adapt to economic development. 2004 first E-commerce special law in our country《People's Republic of China on Electronic Signatures Law》into effect. It is a milestone in our country E-commerce legislation, marking the E-commerce legislation our country has entered a phase of the substance of legislation. However, it is still far from enough to increasing number of electronic contract dispute, e-contract legislation there is still a considerable space, Finally conclusions of the combination of the characteristics of international legislation and the status quo in our country's legislation ,electronic contracts to improve our country's relevant legislation apply the law to certain consider,preliminary to explore and put forward legislation to improve electronic contract proposals.