| Network becomes a tool of civil acts, and people express intention more and more frequently online, where data messages are used widespread. Data messages are new media of declaration of will, including transactional civil acts and non-transactional civil acts. Rules of data messages are the basis of civil cyber-law.From the perspective of declaration of will, though data messages based on digital technology and network haven't completely ruined the theory of declaration of will, traditional rules of declaration of will and other supporting rules couldn't be applied in some cases. So it is necessary to study declaration of will by means of data messages in order to enhance parties'expectation and ensure the safety and stabilization of transactions online. Now, there are no other statutes than the electronic signature law in sphere of cyberspace law in China. Few related rules take cybersapce into consideration, but with weak consistency. The lack of rules makes enterprises and consumers unable to anticipate their acts properly. It is necessary strongly to legislate in cyberspace, especially the legislation of higher rank. But the researches on data messages are not sufficient now, and the research on data messages has been mainly limited to contract transactions, which is not only superficial but also generalized. The present situation is inconsistent with the important position of data messages in trading online and people's lives.This article is constructed according to the theory of declaration of will, including six chapters besides the preface. The preface explains data messages from the perspective of declaration of will, introducing and analyzing the conditions of research nowadays, the purpose and the value, as well as the methods applied in this article.Chapter 1 discussing the concept of the data messages includes three sections concerning the connotation and denotation of data messages, and other concepts related to data messages. In section 1, the author makes the comparison between regulations of UNCITRAL and those in other countries. Based on regulations in China, the discussion about the connotation of data messages, as well as the analysis about the technology applied, is made here.In section 2, the discussion is mainly about the denotation of data messages, and through the comparison of technology and regulations, the author points out that telegraph, telex and fax are not data messages. In section 3, some important concepts related to data messages are expressed, such as network, information system and partied. Chapter 2 discussing data messages and declaration of will falls into three sections, respectively concerning data message as the medium of declaration of will, the acceptance of declaration of will by data messages and sphere of application of civil regulations of data messages. In section 1, the relationship between data messages and declaration of will is analyzed. Data messages, quite different from traditional ones, are new media of declaration of will. Section 2 analyzes the way about how to accept data messages in legal system. In section 3, the discussion about the sphere of application of civil regulations of data messages is made on the basis of the comparison among regulations of UNCITRAL and those in some countries.Chapter 3 discussing the form of declaration of will by data messages includes two sections concerning comparison between data messages and the traditional written form, and what it is and what it should be about the question of form. In section 1, the author compares data messages to paper documents from the view of the medium of declaration of will. Wherever the law requires information to be in written form, that requirement can be satisfied by a data message, if the information contained there is accessible so as to be usable for subsequent reference. However, that doesn't mean a data message could be regarded the same as writing. Section 2 analyzes the methods applied in the expression of the form of data messages.Chapter 4 discussing attribution of data messages falls into three sections concerning the value of attribution regulations, the electronic signature, the assumption and affirmation. In section 1, the author points out that there exists attribution regulations in traditional law, although implicit. It is necessary to lay down attribution regulations of data messages. In section 2, through the comparison between traditional manual signature and electronic one, it. is pointed out that the validity of general electronic signature should be recognized, together with the reliable electronic signature. The problems of the validity, the classifications and the application of electronic signature are analyzed in the following part. In section 3, the author analyzes the assumption implicit in traditional regulations of declaration of will and discusses the assumption regulations in the cases where the technology used is secure and where technology used is not secure. The author then defines the concept of affirmation of data messages, on the basis of the discussion about the duty of affirmation and the methods to carry out affirmation, showing the importance of litigation proof during the course of affirmation. Finally, the author puts forwards the hypothesis about the amendment of article 9 in Electronic Signature Law of the People's Republic of China, hoping to draw attention to the regulations of assumption and affirmation.Chapter 5 discusses the content of declaration of will by data messages with two sections about original and retention of data messages. In section 1, the author first of all points out the reason why original of data messages is required through the analysis of taht in traditional law. In addition, the author summarizes the conditions of original of data messages. In section 2, the author analyses the retention of data messages in Electronic Signature Law of the People's Republic of China on the basis of comparison of different international regulations, pointing out the relationship of form, original and retention of data messages. The regulations of China are redundant and rigid.Chapter 6 discusses the effectiveness of the declaration of will by data messages with five sections concerning subject qualification, the time when to enter into force, acknowledgement of receipt of data messages, the place where to enter into force and withdrawal and revocation of declaration of will by data messages. In section 1, the author analyses the problem of subject qualification on juveniles occasion, pointing out the traditional regulations should be abided by and that here is no need to amend regulations. Electronic agent is only a tool to express intention without subject qualification. In section 2, the author analyses the time and the place of dispatch and receipt of data messages and the relevance of regulations. The time and the place of entry into force must be determined according to amended regulations and new regulations, which are insufficient in Electronic Signature Law of the People's Republic of China. In section 4, it is pointed out that the resource locator rule of cyberspace should be ignored and the arrival place of data messages should be a virtual place of realistic space. In section 5, through the analysis of technological procedure of data messages, the author suggests the traditional regulations should be observed on the occasion of withdrawal and revocation of declaration of will by data messages. Special circumstances in cyberspace influence the withdrawal and revocation, mainly presenting as the mistake in declaration of will. |
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