Research On Legal Issues Of Electronic Contract

There is a dramatic growth of electronic commerce with the popularization of network. In the process of frequent electronic business, many legal problems come forth and challenge to the present legal system. The author tries to explore several major issues by combining the practices with the electronic business, consulting the advanced international legislation, comparing the legal system available of our country in the setting of network trade.This paper is composed of five parts. The first part makes a general introduction ofthe conception and an analysis of the features of electronic contract. And the point of thesecond part is that since electronic contract poses a challenge to the traditional writtenform system, the author clarifies the legal enforcement of electronic contract and putsforward the solutions of this issue. From the perspective of the evidence law, the thirdchapter seeks the legal protection of the enforcement of electronic signature andelectronic digital data. Chapter 4 concretely illustrates the legal application of electroniccontract. The thesis holds that the autonomy of will doctrine will still be the firstprinciple of the choice of the applicable law of electronic contract. When the party'schoice of the law is unavailable, electronic contract is governed by the law of the placewith which it has the closest connection in principle. The thesis also introduces theexisting legislation and the cases in USA and EU, based on which the newunderstanding of the applicable law of electronic contract has been probed. In the lastpart, author discusses the principle and the mode of the electronic contract law whichdeserves our consideration.