The Making Of Electronic Contracts

Scientific technology which is changing conducts and thinking mode has permeated into all sides of human life as intellectual economy develops. The rapid development of computer technology and telecommunication technology will promote electronic commerce to be the most promising way in the future trade. Transaction will be developed from the real life to the virtual cyber space as contracts make a move towards electronic way. Under such a condition, the traditional legal system of contracts can not regulate the newly appeared electronic contracts.This paper is trying to probe the new problems that are generated from the process of the making of electronic contracts by using the methods put forward by legislation of other foreign countries to solve the problems. This paper is composed of seven parts. The first part makes a general introduction of the conception and features of electronic contracts. The second part introduces the data message system electronic signature system and electronic certification system on which the making of electronic contracts depend. The third part analyzes the authenticity of intent indication of electronic offers and determines the nature of cyber commercials. The fourth part summarizes the ways of electronic acceptance according to the different ways of transactions and indicates the time when electronic acceptance becomes effective. The fifth part explains the necessary parts and place required by electronic contracts to be executed. The sixth part makes a study on clauses of information disclosure during the process of the making of two cyber format contracts. The last part indicates the limitation of application of electronic contracts at present and points out the direction of perfecting the relevant legal system.