Theory Of B2c Mode In The Electronic Contract Legal Problems

Along with social progress, the rapid development of the Internet economy，Internet users involved in e-commerce is increasingly common. Being and graduallyprosperity of the Internet economy today, Especially in recent years B2C e-commercebusiness under the background of becoming more popular in the world, the legal issuesof electronic contracts show highlights.As Baidu company took the lead to be listed in the nasdaq market in the U.S., thedomestic IT industry (including the Internet enterprises) set off a wave of listing on theforeign IPO (Initial Public Offerings: The initial public offering on the market),but alsopromote domestic GEM remain climbing. The general trend of the Internet economy ’srapid economic development, domestic companies are adjusting their businessphilosophy, changing the market positioning, developing the Internet economy,expanding the network business, also leading to the promoter of the Internet economyrapid development.According to the28th report of the China Internet Network Information Center(CNNIC), until June2011, the scale of China’s Internet users has reached485million,an increase of27.7million people over the end of2010; Internet penetration rose to36.2percent, compared with2010increased by1.9percentage points by the end of theyear. Along with the development of the network size, business class size of theapplication users continued to bring up application.The scale of online shopping usersincreased by48.6%, that is the increase of the fastest growing application. As Onlinepayment and online banking usage rapidly increasing,more and more economic activityhas entered the Internet era. In this background, the B2C e-commerce sites such asJingdong Mall, Dangdang, new egg and more nets flourish. With the development ofthe Internet economy, the legal issues in the Electronic Contract is becomingincreasingly apparent, must be resolved.This paper focuses on the B2C e-commerce development trend of the times, for theconclusion(the establishment) of the electronic contract in the process of a series oflegal problems. In the way of thinking through deductive reasoning, inductivereasoning, the use of the jurisprudence and Comparative Law’s research methods, thepaper starts from the basic concept and nature of the B2C e-contract and follows thegeneral principles of traditional contract law on contract formation, trying to detailedly and clearly research the offer，the identification of the offer and solicitation of an offer，contracting ability，the offer to withdraw or cancel, the commitment to withdraw, thecontract time and place and a series of legal issues in the conclusion of electroniccontracts of B2C mode, and propose the legal concept of the author for ways to solvethe problem.