The Research On Several Problems In The E-business Legislation

The prosperous development of the e-business is the brand new phenomenon of the global economy in the 21st century. The e-business is the concrete manifestation of the knowledge economy and it has the maturity of the electronic information technology as the foundation, manifesting the rapid development of the internet technology and its popularity. The legislation of the e-business becomes so important following the rapid development of internet technologies all over the world. Because of universal standard of the internet technology and its communication protocols, e-business manifests the characteristics of the sharing resources without border. E-business legislation manifests the trend of global agreement and the e-business legislation of each individual country took into account of the international e-business legislation and took into consideration of "the E-business Demonstration"issued by the International Trade Law Committee in 1996. In the process of issuing the e-business legislation in combination of its practical situation, every country gives full considerations of the agreement, coordination and reference to the international legislation. This is a brand new phenomenon in the legislation community. E-business represents the integration of the global economy. The convergent trend of the e-business legislation is the product of this global economy integration. It will stimulate the process of the unification of the global legislation of the business law. The first part of the thesis generalizes the development of the e-business; analyze the current situation of e-business legislation in our country and international community. gives the definition and tropism of the current international e-business legislation; Thereby puts forward the necessity of the e-business legislation in our country in terms of the fact that e-business can stimulate the economic development of our country; establish and strengthen the law system of e-business in our country and make it adjust to the situation of the international affairs. The second part generalizes the current development of e-business legislation in other countries; presents research on the legislation model and system construction of e-business by reviewing the situation of e-business legislation in other countries in order to grasp the whole picture of the global e-business legislation. The third part discusses the structural element and the model of the e-business law in our country. On the orientation of legislation, it is better for our country to adopt the e-business legislation definition in a narrow sense by defining the e-business law as the procedure law. This orientation has the practical significance in the process of the e-business legislation in our country. The character of the e-business legislation is quite prominent due to the fact that it is the integrated product of the interdisciplinary development. It has the obvious technical characteristics, openness and complexity. Because of all these characteristics, the e-business legislation and e-business law themselves also embrace the technical characteristics, openness and complexity. In the e-business legislation, many laws themselves are the direct products of the development of the technique standardization, such as the Electronic Signature Law. Those countries who already have their e-business legislation established mainly adopted the open model concept, which is also determined by the development of e-business legislation. Because of the rapid development of the e-business, the open model concept for the legal system establishment has the bright future for the further development of the e-business. The complexity of e-business in its legislation symbolizes itself in the systematic research and establishment of the legal system. The characteristics of crossing different majors and subjects of the e-business makes...