The Research Of Legal Issues Of Electronic Contracts

Along with the increase of network penetration, the use of electronic commerce is more and more frequent, as the basic elements of the business activities, electronic contract has become one of the important contracts in the life, work and study. The rapid development of e-commerce is bound to be accompanied by the contradictions and disputes of the legal application of electronic contract, and the electronic contract is a new thing, and it is difficult to find the corresponding norms in the traditional law. The research and Analysis on the legal issues of electronic contract will be helpful to understand and understand the characteristics of electronic contract, guide people to use electronic contract in electronic transactions, and make the problem be solved in the framework of the traditional contract law.In view of the complexity of the electronic commerce system and the extensive range of involved, from the microscopic point of view, first of all, generally introduces the concept,classification and features of electronic contract, electronic contract to explain basic concepts and explore the intrinsic value of the electronic contract, laying the groundwork for the following deep analysis. Secondly, this paper analyzes the problems existing in the dynamic conclusion and the static effect of the electronic contract. On the basis of comparative analysis of the difference between the electronic contract and the traditional contract, the paper discusses the process of the combination of the dynamic and static state; On the subject of electronic contract confirmation methods were analyzed, mainly compared the minor electronic contract contracting capacity under the legal status of electronic agent from three angles of contracting capacity, behavior attribution and agent error are described;analyzing the conclusion of electronic contract and receipt of invitation of offer and promise,and interpretation of the withdrawal of the offer and acceptance and cancellation of contract,electronic time and location was analyzed and discussed from two aspects of form and essence of electronic contract. The problems of formal elements of electronic contract and the problem of electronic expression are discussed. This study discusses the effect of the electronic contract, the specific problem analysis, in accordance with the traditional civil law on the validity of the contract to determine the validity of the contract, the new method of determining the validity of electronic contract. Finally, learn from the foreign countries on the electronic contract legislation, including the United States, the European Union and other countries, and to compare the experience of China and then put forward the enlightenment to our country’s legislation. The last part of the article is mainly based on the existing problems,and put forward a series of legislative proposals on the conclusion, the effectiveness of the standard and the practice of the process.Based on the research of traditional contract law, combined with the reality of the electronic contract concluded, effective judgment, in the application of the law and the actual problem, using the method of comparative study, through the comparison of different international legal documents, find out their advantages and disadvantages, and the legislation and practice of China’s countermeasures and suggestions for reference, do the innovation and research methods of the topic.