Study Of Certain Legal Issues In Making E-contract

The rapid development of the internet injects new vigor into the global Electronic Commerce, a new business transaction style that has brought a new challenge to the traditional legal system. What shall we look at and treat the new situation? Obviously, it's not a deep view to answer this question just in a technique level, because the Electronic Commerce is a sophisticated and brand new business transaction style provided by the network under the virtual and diversified environment. The author thinks that we shall view the development and the developing trend of E-business from different aspects such as network economy, information economy and we shall make some adjustments on E-commerce legislation.There are some organizations and countries have made some lawmaking on E-contract such as the Model Law on Electronic Commerce and the Model Law on Electronic Signatures by the UN. The implement of Contract Law and Electronic Signature Law is a milestone event in our country's E-contract legislation history and it provides a great support to our national E-commerce development. As the society and science develops rapidly, the present law and regulations have already can't cover and regulate all the problems in the E-commerce.The author makes a detailed analysis and gives her own answer to the legislation problems of E-commerce. The followings are some of the author's analysis on the legislation of E-contract. The electronic offer and acceptance:The electronic offer and acceptance shall become effective on the Received the Letter of Acceptance principle, the electronic offer and acceptance can be withdrew and so on, the author also analyzes the relation between the electronic offer and acceptance. The formation of E-contract:The author makes the definition of the sender and receiver in the E-contract and analyzes the electronic agent's legal status, contractual capacity, legal results and the declaration of intention in the E-contract, the author thinks that the formation time of electronic contract shall be the time of received the letter of acceptance and the location shall be the business premises, the habitual residence of the issuer. The form of E-contract, electronic signature and electronic certification: The author discusses the legal status of the data message in the E-contract, defines the electronic signature and electronic certification, discusses the procedures of the electronic signature and electronic certification and the relation between them. The author also gives the legislation advice on certificating force of the electronic signature and electronic certification. After making a deep discussion on the preceding aspects, the author suggests that we shall improve our national E-contract legislation in a reforming an innovational way. Although the E-commerce is a newborn thing, it has a bright future and will make a great contribution to the society.