Study On Legal Issue In Concluding Electronic Commerce Contract

ELECTRONIC COMMERCE (E. C.), as the main transaction mode of network economy, influences politics , economy life etc. various aspects, and becomes the focal law problem concerned by every country. Because of the very difference from traditional contracts on conclusion of contract, the E. C. contract chanlenges to battle to traditional legislations. Now many countries in the world have modified their current laws to adapt the development of E. C., but relative legislations of our coutry are poor. So it is necessary to enter into reletive study of E. C. .During the procession of concluding E. C. contract, if not the contract going into effect, the key is offer and acceptrance of offer. Combining the different comprehesion on the terms of continent law systerm and common law system, and considering the characteristic of electronic trades, This article puts forward that valid electronic offer and acceptance should adopt the "arrival -efficient" principle and that be based on the principle of "allowable withdraw" ; it also analyses not only the relationships between electronic offer and offer invitation but also between electronic acceptance and "receival notification" .Concerning the conclusion of electronic contracts, this article defines the addresser and addressee, analyses the legal definition of electronic deputy, treaty-making capacity, legal consequence and the expression of will of electronic contracts, advances to put "arrival -efficient" , "place of business" and "closest connectional place" as the principle for the time and the place of electronic contract becoming effective. In addition, because of the written formal of E. C. contract can't suit to the command of traditional contracts, this article also discuss diligit formation's legal status and the recognization in law.Concerning electronic signature and electronic authentication , which jointly make "soft environment" for E.C. contract going into effect, this article pinpoints their definitions, introduces theirprocedures and relations with each other, puts forward the lawmaking accesses of their effect determination.After discussing the above sides, this article analyzes the problems of our coutry' s current contract law, such as electronic contracting parties' capacity for action, electronic contracts' conclusion, electronic subscription, electronic evidence and application of law, and suggests that the way of uniting "break" and "upbuild" should be adopted to perfect electronic contracts' legislation of our country.In conclusion, the law questions arisen in E.G. field has brought a lash on decrees in effect, especially on the base theory of traditional contract law. If the problem are settled, it will meet the society development and times demands, it also can have great law value. The prospect of E. C. is bright and wide, it will promote the procession of human' s civilization.