Global E-commerce Law Unified

With the development of information science and economic globalization,a new trading methods,e-commerce,has sprung up and rapidly established itself as one of the major dynamic of world economy. This booming trend of e-commerce constitutes great challenges on the traditional business and trading laws,especially on their written form. It also requests manifold necessary reforms on the whole legal system. Besides,the appearance of e-commerce laws is blurring the distinctions between international laws and domestic laws,thus contributing to new contents in the progress of the unification of world trade laws.The dissertation here is to make a tentatively systematic research on both the theories and the practices of the unification of world e-commerce laws. It began with a brief introduction on e-commerce,including its features and challenges to old legal systems. After a thorough comparative analysis on the e-commerce legislation in several countries and some international organizations,the writer tries to put forward some suggestions on the process of legislation of e-commerce laws as well as the enactment and amendment of relevant laws in China. The dissertation consists of the following six chapters.In Chapter 1,the writer analyzes differences between electronic commerce and traditional one concerning trading objects and methods,and therefore reveals the challenges that e-commerce has imposed on the old legal system.Chapter 2 is a detailed analysis on legislation in different countries and international organizations,just to find that it is not only necessary but also feasible for the unification of world e-commerce laws.Chapter 3 goes through some issues concerning the foundamental theories of uniform e-commerce laws,including its ranges of adjustments and basic concepts,its nature and unique features,approaches to the globalization of e-commerce laws and the sources,principles and theoretical framework in this globalization.The next two chapters analyze the details of unification concerning two specific operations. Chapter 4 deals with the unification of transaction forms and formula rules such as rules of data message,electronic signatures and authentication. With United Nations Convention on Contracts for the International Sale of Goods as a clue,Chapter 5 focuses on the unification of transaction rules.The last chapter puts forward constructive suggestions on the legislation of e-commerce in China,in line with the trend of the globalization of e-commerce laws and with the present situation in our country.