Study On The Law Problem Of Electronic Presentation

Recently, e-commerce has been developing rapidly in the world. The application of e-commerce technology has greatly facilitated international trade. However, e-commerce has hugely impacted on letters of credit. For various reasons, letters of credit can not fit in e-commerce, so that it must be reformed to survive in the era of e-commerce. Then electronic presentation can resolve the problem.Electronic presentation raises some problems to current laws. The first one is that UCP can not regulate electronic presentation. The second is that electronic documents can not get force by domestic laws, which is including the form requirements of UCP, the place of documents, the standards of examination of documents and the participant of the letters of credit , all of these are not applicable to the electronic presentation. The requirement of domestic law to the documents can not be applied to electronic presentation, such as evidence effectiveness of documents. The fundamental reason of these problems is that UCP and relevant domestic laws are based on the characteristics of paper documents, not the electronic one.The International Chamber of Commerce constituted eUCP to regulate electronic presentation, and the United Nations Commission on Trade Law constituted"Model Law on Electronic Commerce"and"Model Law on Electronic Signatures"to regulate electronic documents. But there are many inadequacies in these rules: first, eUCP lacks of e-commerce companies and electronic bill of lading , the rules are not practical, and is too biased towards the interests of banks. Second, the"Model Law on Electronic Commerce"and"Model Law on Electronic Signatures"are not legally mandatory and the legislation model is not conducive to the identification of legal effect of electronic documents. The following measures should be taken to address these deficiencies: First, as for eUCP, adds the rules for e-commerce companies, adding the provision of the electronic bill of lading, and making rules more concrete. Second, national legislation should consciously safeguard the principles of"Model Law"and add some provisions to perfect"model law".Electronic presentation has not been introduced to China, one of the important reasons is that China's legal system is imperfect, such as the lack of conflict law on electronic presentation, imperfect of electronic authentication mechanism, and so on. In order to promote electronic presentation, the related laws should be improved in the following way: improving and perfecting conflict law on electronic presentation, the electronic certification system, the electronic signature responsibility mechanism, trade-related laws and regulations, the relevant rules of evidence and the relevant financial regulations.