Research On Electronic Contract

With the development of the electronic commerce, electronic contracts are widely used in more and more fields. Although the principles and theories of traditional contract law are still applicable to the electronic contract which has basic contract characteristics, they are facing challenges brought by the electronic contract because of the different characteristics of the electronic contract from any other forms of contract. Considering the legislation blank in our country, , this dissertation is trying to discuss this issue, analyse the related problems and comment currently measures.Chapter 1 summarizes the distinguish features of the electronic contract compared with other forms of contract, which include the process of electronic contract building is virtual, the content expression form is not definite, signature uses electronic methods, and the ways to affirm agreement-reaching time and location are different. These features are the reasons posing challenges to traditional contract law.Chapter 2 elaborates on the building of electronic contract centring on its distinguish features. By introducing the concept of electronic agent and analysing the legal consequence, this dissertation holds that contract validity should be affirmed which is reached automatically by computer. Analysing some views about the voidableness of offer and promise, this dissertation draws a conclusion that the electronic contract is still voidable. This dissertation also holds more should be done in legislation about affirmation of agreement-reaching time and location.Chapter 3 makes a study on some special factors influencing the validity of the electronic contract including the non-paper form and the subjects of contract. By analysing currently legislation, this dissertation holds that the electronic contract has same validity with paper form contract and there should no restriction to electronic commerce attendee. Then this chapter discuss electronic signature and electronic authentication, analyse the qualification and legal responsibility of certification authority. Much should be done in this field to ensure the safety of electronic business.Chapter 4 elaborates on the challenges to the jurisdiction by electronic contract, introduces new jurisdiction theories and compares jurisdiction legislation in USA and EU. Internet has shaken the current jurisdiction standards; location and personality are not so meaningful to electronic contract. This chapter also deliberates the new contract dispute resolution - ODR and this dissertation holds that ODR is a good and high efficient measure to resolve electronic contract dispute but ODR needs to be recognized and enforced by countries'national law.