| The trading permission of computer information is the result of the development of theinformation industry and digital technique. In order to coordinate with the relationship ofthe license and licensee, it’s the first for the Americans to write UCITA in1999, just to setup the legal system of electronic control as a typical example to deal with the particularityof the trading permission of computer information. Electronic control is a series ofprocedural safeguard to ensure the information permission contract being performednormally for the license to the licensee. As a new type of personal redress in thebackground of this information times, electronic control possesses particular characterand specific exerting rules.The building of legislation for the electronic control system is the central line ofstudy in this text, which links the particularity of electronic control with the idiographicsituation in China to analyze the rationality about electronic control legislation, study therules of legislation about electronic control in UCITA systematically and delve the valuebehind the electronic control legislation at the base of summarizing the basic definition ofelectronic control and the legal attribute, so as to table a proposal in theory and inlegislation. When each chapter mainly describes as follow: Chapter1studies thedefinition and the legal attribute of electronic control. It firstly separates the concept ofelectronic control by describing its concept and attribute from the others. Then talk aboutthe legal attribute of electronic control, which is right of formation and selfprotection forthe creditor’s rights. Chapter2discusses the actualities for the legislation about electroniccontrol and the need and the feasibility. First to point out it’s lack of law about electroniccontrol in China, just in order to bring out the need of electronic control legislation byanalyzing the particularity of electronic control and some problem caused by it. Then thetext talks about the feasibility of electronic control legislation in China by linking someresearch, articles or some relative literature together. Chapter3introduces and dissertatesthe UCITA legislation about electronic control by the example about the dispute and theact of the UCITA. Chapter4advances electronic control legislation in China. It mainlydiscusses about two sides. One is the mode of legislation that could be classified as thetransition and the ideal. On the other side is the value, which should tend to accord withthe need of justice and efficiency while analyzing the representation and the reasons ofthe legal value conflict caused by electronic control. At the end is some suggestions aboutelectronic control, which include six parts: definition, scope of the section, condition,limit, effectiveness, compensation. |
