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Research On Questions Of Contract In E-commerce

Posted on:2009-02-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:H L ZhouFull Text:PDF
GTID:1116360245964554Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It is not long time ago since the birth of the internet, which also embodies the birth of a brand new business style, i.e., the electronic commerce. In such a dimension with no boundary and no nationality, the commercial information flows freely, and owning to such advantage, those developed countries began to use electronic devices to conduct commercial activities. Although the development of internet in China lags behind those developed countries, it is still booming during these days. It is very convenient for business users and individual users to get access to the internet and do their business. Being the substantial part of the E-commerce, the contract in E-commerce shares some common characteristics of the electronic business and the contracts commonly used in practice, but on the other hand, the contract in E-commerce differs with traditional contract substantially. The differences between the contract in E-commerce and the traditional contract will inevitably result in such consequence, which is to say the latter could not replace the former straightly. Hereby lies the question, how to apply those related civil or commercial law to E-commerce. What should be emphasized here is the issue of Electronic Signatures commonly use in the E-commerce. Such special characteristic of the contract in E-commerce leads the government to stipulate new laws to define it, which has come to be an essential constitute of the E-commerce system. With the combination of the internet and the E-commerce, whether the consumers can get accustom to such model has become a very important question. Being the final part of the whole business chain, the consumers are always in a disadvantage position. How to protect the consumers' right in E-commerce has been a question must be faced by the contract in E-commerce.Arguing from the perspective of civil and commercial law, the author puts this dissertation into four chapters plus a preface and a conclusion. By researching those key issues of the contract in E-commerce, the author tries to provide some theoretical foundations for the resolving of the problems.In the preface, the author puts forwards the aim of his research. With the development of the E-commerce and internet, some questions have popped up. To some extent, the development of the internet will influence the development of the legal regulations related to E-commerce. Since many countries and international organizations kept making laws towards to the E-commerce, we can safely to conclude that under the circumstance of E-commerce, the present legal system can't resolve all the problems in existence. As to China, one side is the skyrocketing of the E-commerce, and the other side is the blank of related statutes. Among those questions, the contract in the E-commerce should be adopted as the perspective to analysis relationship between E-commerce and the traditional civil and commercial law. Further, the author argues that we should confine the scope of his research, since the contract in the E-commerce is very comprehensive, even all including. It is better for a dissertation to select several key topics rather than take them all. So the author puts the specialties of the contract in E-commerce, the electronic signature, the coming into force and failure of the contract in E-commerce and the protection of consumers in E-commerce. As to the methodology, the author mainly relies upon the comparative method to conduct his research.In the first chapter, the author firstly defines the E-commerce and the related legal regulation. By doing so he shows the reason why there is an inseparable relation between the E-commerce and the internet, which should be regarded as the prerequisite of the whole study. To a large extent, the classifications of the E-commerce have much to do with the legal and business characteristics of the E-commerce. The development of the E-commerce implies the trace for us to research the legislation in our country.Chapter II concerns the coming into force and failure of the contract in E-commerce. The author firstly gives a necessary explanation for the special characteristics of the coming into force and failure of the contract in E-commerce, which can be hold as the prerequisites of the research. Then the author turns to the subjects of the contract. Being the essential element of the contract, the subject should be paid more attention. In the context of the contract in E-commerce, the attention towards to the subject mainly concerns the identification and the capacity of the subject. Then comes the expression of will in the contract in E-commerce. Because of the special characteristics of the E-commerce, the expression of will via computer always gets into disputes. Basing on the research mentioned above, the author analysis the consideration and the invitation of consideration in the E-commerce, plus the coming into force, mistake and failure of the contract in E-commerce.Chapter III includes the question such as the proving of the will of the contract in E-commerce, the effect of the electronic files and electronic signature. Arguing from the procedure vantage point, the author tries to resolve the proving capacity of the electronic file. Specifically speaking, we should find a suitable legal status of the electronic signature, then the implications and practice of the electronic signature. The author argues that we should get a deep insight into the agency which can authenticate the electronic signature. Also important is the relationship among the authentication agencies, the relationship between the agencies and the applicants, and so on. Finally, according to the present legal regulations and statues, the author provides his own suggestions as to the resolution of the problem.Chapter IV embodies the protection of the consumers in the E-commerce, which is the inevitable result of the highly developed business. Very obviously, the business and the consumers are in unbalance positions in the transaction. Because of the disadvantage status of the consumers, it is valuable and necessary for the law to protect their rights. By comparatively study the regulations and status in other countries and international organizations, the author get a more comprehensive explanation about some typical questions as to the protections of the consumers' right in the contract of E-commerce. And the author argues that such research should be do some goods for China.In the final part of this dissertation, the author put forwards his own consideration and suggestions towards the legal construction of the contract in the E-commerce.The author argues that the research here is not a general introduction, but a substantial one. It is needed to note that there is not so many scholars mentioned the protection of the consumers' rights of the contract in E-commerce.
Keywords/Search Tags:E-commerce
PDF Full Text Request
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