Research On Legal Issues Of Electronic Standard Contract

Electronic Standard Contract is one of contract forms that are widely used inElectronic Business transaction. It greatly promotes the efficiency of deal in thenetwork. Basing on the development of E-Commerce and the application of "datamessage" in our country, the author gives some research to legal problems ofElectronic Standard Contract occurring in the network in order to solve thoseproblems in the real life.This paper was divided into five parts. The introduction part illustrated itsresearch background and purpose. First, the main body part analyzed thecharacteristic of network transaction, concept and features of ElectronicContracts, then talked about the concept and basic features of ElectronicStandard Contract according to the theory of Standard Contract. Secondly, itfurther analyzed the legal validity of Electronic Standard Contract according toCivil Law and Contract Law, including contract forms, subject, declaration ofwill, offer, acceptance, and contract clauses, etc. Using foreign legislationexperience for reference and comparing them with our practical experience, theauthor discussed the legal validity of Electronic Agent, electronic errors,click-wrap contract, and shrink-wrap contract in the Electronic Standard Contracttransaction. To the reality that Electronic Standard Contract is widely used innetwork transaction and Standard Contract made unfairness to consumers, theauthor suggested that they should be treated by "Law for the Protection ofConsumers' Right and Interests of P.R.C" and "Contract Law of P.R.C" before anew law is made. Finally, using foreign regulation method of Standard clauses inthe Electronic transaction for reference, the author pointed out some defect ofour present legal system, and gave some legislation suggestion to our standardregulation in the electronic transaction according to our practical condition.