The Main Legal Issues Of Electronic Contract Research

As human society entered the era of information networks, digital information and the internet has brought about unprecedented opportunities and challenges and gradually changed the mode of operation and behavior of the society. People can complete a series of legal acts when accessing the internet at home. E-commerce is one of the important form of economic and trade in the digital era. After a period of development, E-commerce not only has entered a peaceful state, and will continue to flourish in the economic field, and will change the form of transaction, but also make tremendous impact on traditional civil and commercial law even on the whole legal system in many aspects. Apparently, the development of the technology promotes the economy and law, which can be seen in legislative, judicial and legal research.With the flourishing development of E-commerce, it takes the unprecedented problem, especially about the subject of E-contract, such as the confirmation of the identity of the subject in the E-contract,the problem of contracting capacity of the subject and the fraudulence in the E-contract. All of the saying problems have not been settled in many countries. Because the different rules of internet transaction and traditional transaction, it is necessary to adjust the legal system in the modern transactions which can be used in the internet. Comparing with the traditional contract, E-contract has the characteristics of the paperless and electronic, basing on the challenge of traditional contracts and the unique particularity of electronic contracts, the author discussed the issues of the subject of E-contract and the basic theory of E-contract and finally focused on the validity of the E-contract and the liability both caused from the problem of the subject of the E-contract.The first part of this article discussed the confirmation of the identity of the subject in the E-contract. The two parties of the internet transactions are not face-to-face transactions, so the confirmation of the identity of the subject is the basic problem to be settled. The author agreed that the identity of the subject can be discussed in the aspect of internet and reality, which can be ruled by the E-signature and E-certification which both be applied simultaneously. From these two systems, we can find the real subject who should take the responsibility from the internet identity.The second part is about the subject of E-contracts. First of all, the author focused on contracting capability of a minor which challenge the traditional theory and the validity of E-contract which made by a minor. Secondly, the author discussed the fraudulence of making an E-contract by minors. There is two different kind of fraudulence of making an E-contract by minors. Finally, based on the principle and measures of legal remedies and damages, the author discussed the relief of fraudulence of making an E-contract by minors.The third part is about electronic agent. The validity of electronic agent and the attribution of responsibility is to be discussed.First, the author defined what is electronic agent and the nature which is different from traditional agent. Second, the author focused on legal status and the ability of electronic agent which can explain the validity of the E-contract making by electronic agent. Finally, the author analyzed the responsibility of the E-contract making by electronic agent.