The Problem Of Application Of Law In E-Commerce And The Response

With the rapid development and wide application of computer and network technology, the world entered into a new space of development. E-commerce emerged and quickly swept the world. It has a significant influence on people's life. As a new business model, E-commerce has experienced many ups and downs during its process of development. It was still unstable. The rules of its operation remain to be explored. In order to develop a healthy e-commerce, we should provide a safe development environment. This need requires us to formulate and adjust related laws prudently; to improve its rules and standards in the attitude of protecting and promoting its development. Otherwise, e-commerce cannot step into a steady development stage.E-commerce help people avoid from the geographical constraints and facilitate the cross-border transactions. But it also leads to an increase in e-commerce disputes inevitably. Substantive regulations are needed to resolve these disputes. Therefore, it has no doubt that the transnational nature of the disputes will lead to conflicts of laws. Private international law is indispensable. The Internet was used as the platform for e-commerce. The features of Internet cause e-commerce business model a lot of difference comparing from traditional business model. As a result, the traditional rules of private international law were confronted with challenges coming from e-commerce. The problem of application of law is one of these challenges. This article will focus on the challenges from e-commerce to the traditional rules of application of laws and the response from private international law to those challenges mainly. The writer was trying to explain the significance of private international law in the manner of analyzing and researching the above problems. On this basis, the writer will put forward point of views and recommendations on the current related legislative situation in China.This article is divided into four parts:Chapterâ… , for the need of the following analysis, the writer has to give a definition on e-commerce. Then the writer will summarize the differences between e-commerce and the other business model. After that, the writer will present the impact of e-commerce on the traditional rules of private international law, including the impact of jurisdiction, applicable laws, recognition and enforcement of judgments and so on.Chapterâ…¡, with the introduction of the characteristics mentioned in Chapter I, the writer will analyze the reason of so many new problems. Then the writer will present the main problems and the measures taken by government.Chapterâ…¢this chapter is the main part of this paper. In this part, writer will analyze the new problems from three aspects specifically, including the E-commerce contract; E-commerce infringement and the applicable substantive laws. The main contents include the analysis of relevant theories, the introduction of related legislations and the opinion of writer.Chapterâ…£, the main contents of this part is the latest developments in the field of conflict of laws, the analysis of the legislative situation in China and some recommendations.