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Research On Harmonization Of E-Commerce Law

Posted on:2008-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:J D YangFull Text:PDF
GTID:2166360218960835Subject:International Law
Abstract/Summary:PDF Full Text Request
E-commerce, as a newborn force, has been in rapid development across the world since 1990s, and becomes a new growth area of the economy. As the 21st century ushered in, with network technology increasingly advancing and the Internet popularity rapidly growing, e-commerce has been gradually fostered into a comprehensive business mode and thus is called "Global Business Guiding Mode in the 21st Century". Correspondingly, legislation for e-commerce has emerged like mushrooms as an International phenomenon.The legislation of e-commerce is distinguished from that of the traditional legal departments in its high technical and practical standards; it is seldom hued with state sovereignty, nor varies with legal systems it belongs to. Due to the common ground shared by the international community, global unification of the e-commerce legislation has become a common goal searched by all countries and international organizations. Is it feasible to unify the e-commerce legislation? What progress has already been made in the global unification of the e-commerce legislation? Will the unification goal be reached finally? What measures should China take to deal with the global unification process of the e-commerce legislation? These are underlined problems in the process of global unification of the e-commerce legislation, as well as the rationale and significance of this research.This paper consists of three chapters. The first chapter analyzes at the theoretical level the inevitability and necessity of the unification of the e-commerce legislation and lists some possible challenges that might be encountered in the unification process. The second chapter illustrates at the practical level the progress of the current e-commerce unification, discusses the characteristics and modes of e-commerce legislation on the basis of abundant material, and points out the significance of the "UNCITRAL (United Nations Commission on International Trade Law) Model Law on Electronic Commerce" on the global unification of the e-commerce legislation. The third chapter starts from the e-commerce legislation of China, combines the status quo and future trend of the global unification of the e-commerce legislation, analyzes the shortcomings of China's legislation and suggests corresponding measures.This paper synthesizes research methodologies of diachronic analysis, contras-tive research, empirical research and the like, dynamically analyzes the historical track of e-commerce legislation, contrasts e-commerce legislation with that of the other legal departments, finds out the gap between the e-commerce legislation of China and that of the other countries, summarizes the characteristics of e-commerce legislation from the legal point of view, and finally provides insights and suggestions for the proposition of the global unification of the e-commerce legislation.
Keywords/Search Tags:E-commerce, legislation, harmonization, measures
PDF Full Text Request
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