E-contract Legal Regulation

With the intensive development of E-commerce, E-contract conflicts are increasing with each passing day, which appeals for reasonable E-contract regulation. As an important model law, Uniform Commercial Code (UCC) revised its regulation in 2003, covering the validity of E-record, the rule of E-agent and E-signature, etc., and setting a good legislative example for China's E-contract legislation. The author believes E-contract regulation should focus on the E-contracting process, for an E-contract itself is a contract, entered into via special electronic means. Generally speaking, the paper starts with the 2003 revision of UCC article 2 (infra, 2003 revision), then analyzes the revision from the standpoint of E-contract regulation, and finally draws the conclusion on the effect of 2003 revision, so as to offer pragmatic suggestions to China's E-contract regulating mode and rules as well. Generally speaking, this thesis is consisted of five parts: the introduction, three chapters, and the conclusion. The introduction points out China's lack of E-contract Law via the explanation of a recent case, and raises the necessity to perfect our E-contract regulation, taking 2003 revision for reference. The second chapter generally introduces the development of UCC and its article 2, as well as the main points of 2003 revision. According to the author's explanation, 2003 revision meets the legal demand of E-commerce development, and the core revision focuses on the E-contract legal regulation. The third chapter induces the common issues in E-contract regulation, on the basis of analyzing the rules on E-contract in 2003 revision. The author believes the top concern of 2003 revision is validity identification of declaratio volulltatis (intent), which is expressed by someone in some way. In other words, E-contract regulation can be divided into five sections: first, the legal validity of E-contract regulation, second, the rule of E-agent, third, the legal validity of E-signature, fourth, the receipt of E-record, and fifth, the special protection of meet of minds in electronic form. In this sense, the author thoroughly explains all the five sections, so as to grasp the essence of 2003 revision and make full use of it as well. The fourth chapter then gives related suggestions to the sophistication of China's E-contract regulation. To set up E-contract regulation system, we firstly need a definite legislative mode. As far as the author is concerned, China shall not make separate law, but enable our Contract Law to absorb E-contract regulation rules, following 2003 revision. To set up E-contract regulation system, we also need to perfect the traditional law and make new law in specific area. In this sense, the author gives seven specific advices on the sophistication of our Contract Law and Electronic Signature Law. Last but not least, this thesis takes the initiative to point out the vacancy and shortage of China's legislation with the help of the first-hand documents from 2003 revision, and offers special and reasonable suggestions to China's E-contract regulation as well.