Study On Declaration Of Will In The Electronic Contract

With the great development and invention of computer and information technology, our human society is entering into a new era of information network. It is having revolutionary influence upon the society as a whole. Especially in the business area, it advances the formation and development of Electronic Commerce.Technically speaking, Electronic Commerce is a type of media in the civil and commercial transaction, replacing the traditional formation of writing by using electronic information, which brings great impact on the traditional civil and commercial system. In electronic business activities, the two parties send messages via Internet, so they make the contracts electronically. With the continuous outspread sphere of the globalization of world wide economy, electronic contracts play an increasingly import role in international trade fields. The declaration of electronic will is the prominent feature of the electronic contracts, which makes some of the related systems of traditional contracts face great impact and challenge. Currently, the lawmaking about the E-Commerce is carrying on effectively in the world and many organizations. The united nations and most western countries have already formulated E-Commerce law. In our country, "Electronic signature law of the people's Republic of China" was legislated after years' effort, which will promote the huge development of our country's E-Commerce. This article will do some further research on this area in the following three parts: The first part is about the summarization of the electronic contract. I define its concept and state its characteristics. Electronic contract in this article indicates that different parties set up, change and terminate their agreement of property civil rights and obligations by means of EDI and E-mail through Internet. The second part is about the overview of electronic declaration of will, which also discusses the three stages of declaration of will including verbal form, written form and electronic form. Then I put forward the concept of electronic declaration of will and analyse its characteristics and types as well. The third part is mainly talking about the details of the system of electronic declaration of will. In this part, I state the effectiveness of different forms and solutions to electronic declaration of will legally and contractually combining with the achievements of the world's E-Commerce legislation. Finally, I put forward some suggestions to perfect the legislation of electronic contract according to the characteristics of international legislation and our country's present situation.