On The Validity Of The Minor's Concluding Electronic Contract

In the information age,with the rapid development of science and technology,the world has become an inseparable network economic system,and minors have also become an important part of the network,the Internet has become the lowest cost channel and way for them to study,communicate and have fun.They constantly create their own new network language through games and chatting,due to their own mental and cognitive deficiency,it is difficult to distinguish and control the complex network world,especially in the newly emerging online games,live broadcast and other fields,they trade through the virtual network by way of network electronic contract,causing many disputes,and the social and legal issues behind the disputes are constantly refreshing the public's awareness,starting with the public consultation notice of the"draft regulations for the Protection of minors' Internet" in 2016,then,last year,with the promulgation of the Law on electronic commerce,the legislation and theories in the fields of minors and electronic contracts in our country are constantly improving,but the research on the combination of the two is very little,this article will take the minor as the starting point of the electronic contract,through the comparison in recent years in the field of games,online broadcast rewards and other typical cases as the angle of view,according to the current situation and problems in the field of electronic contract concluded by minors in our country,and by comparing the relevant legislative experiences of developed countries or regions abroad,with a view to China's problems encountered in this field to put forward targeted opinions and measures to help solve the judicial practice in the field of disputes.This paper is divided into four chapters,the introduction part briefly introduces the background and significance of this paper,the first chapter,mainly introduces the relevant concepts of the conclusion of electronic contracts by minors,including the concept and characteristics of electronic contracts,as well as the minors concluded the electronic contract outline and the characteristic;through the related concept and the characteristic introduction,has the preliminary understanding to the related concept.The second chapter introduces the current consumption situation of the electronic network contract concluded by minors in China,and introduces two typical cases.The third chapter,through the above-mentioned cases and a comparison of domestic and foreign research,thus leading to the current situation of China's minors in the field of electronic contracts,summed up roughly includes three issues:the ability to conclude the electronic contracts of minors;The validity of the conclusion of the electronic contract by the minor(including the contract of fraud);the thinking of the right-defending and the court decision by the adult who has been used the identity falsely in practice.The fourth chapter,through the above domestic and foreign relevant provisions of the status and domestic main problems,analysis of China's current research in the field of electronic contracts for minors,combined with China's current mainstream view and the actual situation in the current judicial practice,put forward their own point of view and the corresponding suggestions for improvement.