Research On Relevant Issues About Legal Effect Of The Network Transaction Contract

The rapid development of China's online trading market,gave birth to a new type of contract,that is network transaction contract.Network transaction contract is essentially a contract,it cannot work without the basic rules of traditional contract law.But the network transaction contract has its own characteristics.It has caused some new legal problems,which bring the impact and challenge to the traditional contract legal system.According to the judgment standard of the legal effect of the contract,the article mainly carries on the research from three aspects.In the aspect of the main body of the network transaction contract,the contracting capacity of minors is first concerned.We should appropriately recognize the contracting capacity of minors for network transaction contract.If the minors conclude the contract in a fraudulent way,it should pay more attention to protecting the interests of the transaction relative person and transaction security,giving the counter party the right to terminate the contract unilaterally.Electronic signature is a kind of confirmation to the identity of the subject,if the electronic signature itself can correctly identify the identity of the parties,we can conclude that it has the same effect as a handwritten contract signature or seal.Whether the automatic message system has the legal subject qualification,the key is to see whether the parties have a reasonable mandate.Because of its own ability to judge and decision-making ability,the agency theory of authorization applies to electronic agents have a certain degree of rationality.The expression of the meaning in the network transaction contract mainly involves the distinction between the offer and offer invitation under the network environment and the problem of electronic error.It is necessary for us to make a clear definition of the offer and offer invitation in the network transaction contract.China needs to legislate on the problem of electronic error as soon as possible,clear the concept of electronic error,define the scope of it,distinguish between human error and information system error,and provide electronic error relief measures.because the format clause often used in network transaction contract,the law of our country should improve the relevant regulations,clear legal consequences of violation of the terms of the format and the rights and obligations of both parties,solve the conflict of legislation;strengthen the administrative regulation,combine the prior review and post-supervision,establish a network transaction format contract filing system and carry out the network transaction contract model text.We should also pay attention to judicial regulation and improve the dispute settlement mechanism.