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Research On The Law Problems Of Electronic Commerce

Posted on:2003-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:D Q XuFull Text:PDF
GTID:2156360092965435Subject:International Law
Abstract/Summary:PDF Full Text Request
Which the rapid progress of cyber-technology, more and more business have fully realized that the electronification of commerce has become an inevitable trend, and that cyber-based commercial actions will be more prevalent. This new way of transaction, however, based on, internet with interchange of information as its approach, differs from traditional ways. The uprising of electronic commerce brings the present legal system face-to-face which new challenges, which have caused a series of legal problems and possible answers that draw very close attention of governments and international organizations. Since on-line transaction exchanges information instead of currency and commodity, and happens simultaneously between parties that have never met, its essence comes down to a kind of paperless transaction accomplished through transportation of data message. Although, Chinese Contract Law holds as effective the question pursuant to this what if such a confirmation is concluded in the form of data message. The contract law provides no answer to these. Moreover, the Chinese Civil Procedure Law furnishes no regulation with regard to the point whether data base can be used as evidence in lawsuits. When the dominant feature of cyber-based transaction is "namelessness", it can't be accomplished without the participation of a third party who is recognized by the contracting parties. Therefore, it is already necessary for electronic certificate authorities to come into function and for us to research into the relevant legal system.In the light of these, this essay develops, by the means of comparative analysis, into the spheres as follow: the value of data message as evidence in lawsuits, the effectiveness of electronic signature, the necessity and legal position of electronic certificate authorities. For the Chinese laws haven't regulated the above-mentioned issues, the author gives own points of view and legal advice on the basis of comparative analysis of the feasibility of electronic commercial transactions, just to contribute what the little I have to the perfection of the legal circumstance of the Chinese electronic commerce.
Keywords/Search Tags:Data Message, Electronic Contract, Electronic Mail, Electronic Signature, Functional Equivalence Approach, Electronic Certificate Authority
PDF Full Text Request
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