Discuss The Conclusion Of Electronic Contract

The vigorous development of e-commerce in my country has contributed to the universal application of e-contracts as the basis and core of e-commerce.The conclusion of e-contracts is the beginning of e-contracts.Without the smooth conclusion of e-contracts,there would be no development of e-commerce.However,compared with traditional written contracts,electronic contracts have the fictitious nature of the conclusion environment,the difficult to determine the subject of the contract,and the instantaneous nature of information transmission,which brings new challenges to the application of traditional contract-related laws and regulations.Our country’s legal provisions for electronic contracts are scattered in the "Civil Code","Electronic Signature Law" and "Electronic Commerce Law",which are scattered and have poor practicality,so further interpretation is necessary.Therefore,this article explores the legal issues related to the conclusion of electronic contracts,solves the difficulties in the application of traditional contract laws and regulations to electronic contracts,and provides legal guidance for electronic contracting entities to successfully conclude electronic contracts.This article adheres to the problem-oriented approach,adopts the research methods of literature research,comparative analysis,inductive analysis,and logical analysis,and closely combines the particularity of electronic contracts,solves the legal issues involved in the process of electronic contract formation under the existing legal framework,and also appropriately learns from it.Foreign advanced legislation on the conclusion of electronic contracts,with a view to perfecting our country’s legislation on the conclusion of electronic contracts.This article conducts research from the following aspects,a total of six chapters:The introduction part of the first chapter mainly elaborates the research background and significance of this article and the current research situation at home and abroad,and provides practical and theoretical basis for this article.The second chapter is an overview of electronic contracts.This chapter first defines the probability of electronic contracts.Electronic contracts can be divided into broad and narrow senses.This article only discusses the narrow sense of the electronic contract system.Secondly,compare the narrow electronic contract with the traditional contract,and summarize the special nature of the electronic contract.The third chapter is the analysis part of the electronic contract subject.This chapter first analyzes the identity confirmation of the electronic contract signing subject,and then analyzes the contracting ability of the electronic contract signing subject.Among them,minors are also active in electronic transactions,and online Contracting cannot directly and conveniently determine the counterparty’s contracting ability,so the focus is on the analysis of minors’ online contracting ability.The fourth chapter is the analysis of the way of electronic contract formation.This chapter discusses the traditional way of electronic contract formation,namely the offer-commitment method,analyzes and defines electronic offers and electronic commitments,and divides the meaning of electronic offers and electronic commitments into Conversational and non-conversational methods are used to determine the validity of electronic offers and electronic undertakings according to types.Finally,they also put forward their own opinions on the withdrawal and withdrawal of electronic offers and the withdrawal of electronic undertakings.The fifth chapter is about the improvement of the legal system of electronic contract formation in my country.Based on the analysis and discussion in the previous article,it is proposed to define the concept of electronic contract,clarify the ability of minors to contract electronically,and improve the electronic offer and electronic commitment effective system.Legislative recommendations.The last part is the conclusion,which summarizes the content of the article.