Research On Validity Of Electronic Agent's Act

The emergence of agency legal institution strongly expands the size and the space of the social transaction and promotes the development of the economy. Agent as the trading assistant makes the ability and action of principal extended, when the agent's act can be able to repeat in time and expand in space. With the rapid development of e-commerce, a new trading assistant appears who could make declaration of will independent and conclude freely in a network transaction, calling electronic agent. Electronic agent is a trading instrument which is established by trading subject with trading will, trading conditions and the request of trading object by means of an electronic transaction procedures and automated measure. The electronic agent analyzes, judges, makes discussion on contracting, concludes and performs specifically every trading transaction by the will which principal has predetermined. The electronic agent applies quickly and widely for it could meet the request of high efficiency and low cost in internet transaction. But, as the electronic agent establishes the important position of internet transaction as the trading assistant, validity of electronic agent's act and the solution of dispute are not stipulated in our law. This paper attempts from the legal status, declaration of will, contracting mode and validity's attribution of contracting act of electronic agent to elaborate the contracting validity of the electronic agent and establishes the theoretical basis for the effectiveness of electronic agents. In this way, we could establish a theoretical framework which is in accord with the reality and plays the role of promoting for the validity of electronic agent. At last, we can provide a good proposal for the electronic agent legislation of our country...