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The Study On Electronic Commerce & Legal Issues Concerned

Posted on:2002-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y C X OuFull Text:PDF
GTID:2156360062980241Subject:International Law
Abstract/Summary:PDF Full Text Request
The author gathered extensively the data related to international and national electronic commerce and the law of electronic commerce , proceeded from which the development of electronic commerce worldwide and the conception of electronic commerce challenge to traditional law and made a thorough study .The emphasis of paper lies in study for law problems of the development of contract law and the protection of intellectual property etc. under electronic commerce . Contractual issue include the confirmations of offer and acceptance , the contractual effect of contract , the time and place of contractual conclusion which could not be resolved by traditional law . Therefore , international organizations and governments set plans to deal with the problems under electronic commerce environment such as the conclusion and the implementation of the contract in respect to the characteristics of electronic commerce . At present agreements have been reached basically on the conclusion and effect of the contract and the electronic signature and certification . Although differences have been shown in the content of the law concerning electronic contract in every government ,the leading principles and actual aims of settlement are usually the same .Concerning the protecting copyright new contents related to electronic commerce appear , such as the conflict between domain name and trade mark right and the protection of trade secret in network. Relating international organization ,eg. WIPO and other countries have taken this into great consideration and put forward plans of plans of settlement to protect the conformity of international treaty and national law.In china , electronic commence is in the ascendant , but the laws of electronic commerce fall behind the development of electronic commence very much. The laws in operation feel quite helpless for these new questions, it is harmful to the development of electronic commence. It is very urgent that we formulate the laws related to electronic commerce, or make authoritative interpretation for laws in operation as fast as we can.
Keywords/Search Tags:Electronic Commerce, Electronic Contract, Digital Signature, Electronic Agent, Domain Name
PDF Full Text Request
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