The Study Of E-Contract Making

E-Business as a new thing is produced in the information age and it is the inevitable product of the information technology and various countries'information-based construction. In the global area, E-Business is in rapid development at an unprecedented pace, which not only changes the traditional modes of production, but also has a very profound impact on the world economy as new points of economic growth, on the adjustment of the economic structure. Someone predicted that the 21st century would be the era of E-Business and E-Business as an economic growth engine in new century attracts more and more people's attention.E-Contract is a new concept produced as the modern electronic computers, network technology and E-Business arising. This contract formed by computer networks is very different from the traditional paper contract. This article is divided six chapters to introduce the characteristics, laws application, main bodes, description (offer, acceptance and etc.), the time and location of E-Contract, electronic signatures and electronic authentication and E-Contract fault of the parties responsible. These issues reflect the uniqueness of the E-Contract. And the research and analysis of these issues will contribute to awareness and understanding of E-Contract formation process and the characteristics of E-Contract and will help guide our E - Contract legislation and practice of E-Business, which is one of the aims of this paper.In the part-1 the characteristics of E-Contract and application of the law, the author makes a discussion on the concept of E-Contract and the basic characteristics of the problem, puts forward their views around the concept of E-Contract, firmly grasps E-Contract-based computer network the most fundamental characteristic of its definition, focusing on the E-Contract significant characteristics with the traditional conclusion of the contract with distinction on the E-Contract entered into legal characteristics. At the same time the application of the law issues of E-Contract are analyzed and compared.In the part-2 the main parties in E-Contract, for E-Contract litigants hardly meet each other and it is difficult to confirm the identity of the litigants, the author proposed to using form to confirm: as long as a data message is sent from contractors, regardless of who operations, assuming responsibility. The recipients can action by the data messages. For the E-Contract litigant capacity of E-contracting, the author divided corporations and minors to make a discussion. About the capacity for corporate parties, we can fully rely on the electronic certification issued by the electronic authentication certificates to determine the main parties to electronic transactions capacity. About the ability of minors, we can learn from foreign legislation. Devoid of civil ability or constraints of civil ability, in the adoption of electronic data messages at the conclusion of the contract are regarded as civil ability. For the emerging concept of electronic agents, from its concept, the legal nature and the contracting capability, the author explores and confirms the electronic agent of the contracting capacity and people who used program should take the responsibility during the contracting procedures.In the part-3 E-Contract offer and commitments, the author at first introduces the concept and meaning of that classification, which distinguished electronic and electronic invitation in accordance with the general rules. E-Contract for the withdrawal of the offer, cancel and withdrawal of promise, the author considers that on respect of freedom of contract and maintenance of uniformity of the law, the withdrawal of the offer should be accepted and revocation and withdrawal of commitment to the E-Contract litigant have the same rights with the traditional contract litigant. Temporarily unable to exercise the rights or the exercise of difficulties should not be a reason for the cancellation rights. Flexible traditional contract law is more reasonable than the litigant rigid requirements of the abolition of the relevant provisions of the rights above-mentioned. Particularly in technology legislation, the law is not to follow the footsteps of passive adaptation technology and should have a certain degree of flexibility and flexibility. As to the issue of revoking commitments or not, through analysis, the author concludes that it should hold the principle of an irrevocable commitment.In the part-4 the time and place of E-Contract making, aiming at the time and place of E-contract making, by comparing international legislation and other countries more advanced legislation, the author analyzes Contract Law of China and points out the items to be improvement.In the part-5 the safety and security of signing E-Contract, combing Electronic Signature Law carried nearly three years, the author discusses this issue from the electronic signature and electronic authentication. The promulgation and implementation of the act opened the Chinese E-Business legislation's door, added confidence for the litigant parties in the network economy. In the part of the electronic signature, the author focuses on the main contents of the Legislative and characteristics of the country's Electronic Signature Law and analysis the problem of the laws. Then the solution is proposed. In the part of the electronic certification, the author focuses on China's law on electronic signatures, certification of parts, including: 1, the deficiencies of certification body's legal responsibility 2, flaws in certification bodies in the establishment of conditions. Closely integrating these discussions of Electronic Signature Law, these dissertations have highly practical significance.In the part-6 the responsibility of E-Contract fault, the author concludes the reasons of failure in signing the contacts, invalidation, withdrawal are one party disobey the honest and credit principle and the two conditions during the error in communication process. In the first situation, litigant should take responsibility and in the second situation, it should follow three different conditions to take different responsibility of contract breach.Above all, this paper made a comprehensive and detailed analysis and discussion in the E-Contract making process. As this is a relatively new field, many problems have not yet formed in theory. This paper put forward some new views in many areas.