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Global E-commerce Security Legal System

Posted on:2002-10-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:J M ZhangFull Text:PDF
GTID:1116360032956315Subject:International law
Abstract/Summary:PDF Full Text Request
The Internet has been involved more and more in human lives and in the transactions of business in recent years. It changes the life styles as well as the way of transactions .and, of course, affects the relation of the international business. The contents of the international law and the international business law will be expanded and developed because of the Internet. Two characters of the Internet ?no paper and no national boundary ?have caused complicated global issues. Some legal problems of the Internet cannot be solved under the laws of one single country. Therefore, the legal structure of the electronic commerce of Internet is certainly in the scope of the international law. The character of no national boundary makes the dream of one single legal system in the world come true earlier. The development of the Internet brings people into the society of technology. It creates the cyber space and also brings about the electronic paper which will be the substitute of the raditional?paper. Being compared with the development of the Internet, the procedure and promulgate of the relevant laws cannot follow its steps. Therefore, we should have a more aggressive and cautious attitude to strike against the conflict between them in order to realize the basic function of the laws.The electronic commerce of Internet has been encountered various legal issues, including not only raditional?legal issues but the ew?issues, such as: tax imposed on the Internet transaction, electronic payment, the effect and execution of the electronic contract, intellectual property, security of electronic transaction, electronic signature and electronic certification, personal data and the protection of privacy... etc. The issues of security include the preservation of electronic data and the prevention from altering the electronic data during transmittance. Since it is easier to do business using the Internet, hackers enjoy invading the Internet and keep on doing it. Thus, the security of the Internet will be the main issue for the businessmen using the Internet. In other words, whether the Internet can be further developed will depend on how to solve the problems of the security. This is the main reason why the thesis is initiated.Basically, information preserved in the computer is not original. It should be transferred to a readable form. Thus, if the information is secretly altered without leaving any trace, it will arouse disputes and affect the transaction. Even worse, the confidentiality of the information will be lost. From the technical viewpoint, the security cannot be protected by just one single technical method and it should be protected by advanced technical skills. There are many technical skills which can be used simultaneously, such as: coding,IAbstractelectronic certification, password and fire wall.. .etc. The cooperations among countries will be necessary in order to reach the goal. This is the allegation of the former president of the United States of America, Bill Clinton, in the egal Framework of the Global Electronic Commerce? which is to cooperate with the Institute of the Economic Corporation and Development in order to establish the global policy of telecommunication and better security of the Internet. Regarding the legal issues, since the Internet creates the paperless transaction and changes the legal framework of the written documents. It should be reconsidered how to protect the security of the transaction as well as the legal effect of the electronic contract. The legal issue of the security can be divided into two parts ?prevention and correction. The former is to use technical and legal methods to prevent hackers from invading. The latter is in regard how to solve the disputes once the invasion occurs. Since there is no national boundary in Internet, the legal issue of the security is related to the international society. When we discuss the legal framework of the security, the cooperation and negotiation among countries should be taken into consideration. Howeve...
Keywords/Search Tags:E-commerce
PDF Full Text Request
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