E-commerce Legislation In The Background Of Globalization

Lately,the second wave of E-commerce legislation coming to its boom around the globe.This article will start from the point of economic globalization which lead to legal globalization. There are two trends of legal globalization: one of the trends is localization of the global laws and the other trend is globalization of local laws. Whereas this two trends manifest itself in the legislation of E-commerce law. The former trend can be found in process of domestic legislation foreign laws and the laws of international organization play a key role. The latter trend always meaning“ westernization of law”in developing world. Under the background of both legal globalization and economic globalization, China should make use of other nations’ beneficial experiences and construct our own E-commerce law legislation system in combination of Chinese special legislation regime. According to the goal, this article will be divided into three main parts :part 1 focus on the origin and concept of legal globalization,and briefly introduce E-commerce and basics on E-commerce law,then explain what are wrong with Chinese legal system to this specific area; part 2 mainly deal with legal transplant and legislative references and explicitly take UNClTRAL、EU、USA and Singapore as examples. Part 3 contribute to the construction of Chinese E-commerce legislation system and put emphasis on two important parts :the technology support legal system and the business accommodation legal system. As the potential largest E-commerce market in the world, China should seize the opportunity to lead the way both for strengthening Chinese E-commerce market and building its legal soft power.