The Establishment Of The Electronic Transaction Legislation System

Electronic transaction is a kind of transaction of goods and service between the seller and the buyer by the means of the internet, which is the product of the information technology combined with the economic development and a new mode of transaction. Compared with the traditional transaction means, the electronic transaction has some characteristics such as subjectiveness of transactional subjects, paperlessness of transactional course, real -timing of transaction, electronization of means of payment, globalization of transaction and so on. In recent years, the electronic transaction in our country has developed very quickly and the online trade amount has grown rapidly year by year. With the closer relationship between the electronic transaction and the modern life, we have found that this new transactional mode has brought the effect and conflict to traditional Civil and Commercial Law System and the relative law system to its development is still to be completed and can't meet the demand of its rapid development. The legal regulation of the electronic transaction requires to resolve the practical problems arising in the field of the electronic trade. The article points out the problems to be urgently solved arising in our country's electronic transactional legal regulation based on the research on the characteristics of the electronic trade and the present situation of the legislation. Moreover, the article has proposed the concrete suggestions on legislation through the analysis of the present laws and regulations in our country and the legal documents of European and American countries and the international organizations.The whole article consists of three parts.Part I The necessity of legal regulation of the electronic transaction. The part elaborates that it's feasible and necessary to make legal regulation of the electronic trade differential with traditional trade because the electronic trade has some characteristics different from those of the traditional trade.Part II The present situation and disadvantages of the laws and regulations of Chinese electronic transaction. With the rapid development of Chinese electronic trade, Chinese legislature and the government related organizations have captured the effect and conflict which the electronic trade has brought to the traditional Civil and Commercial Law System and revised the relative present law system in our country. At present, the construction of the legal system with regard to Chinese electronic transaction is still in the primary stage and there are several problems to be solved urgently existing in the laws and regulations of the electronic trade which are difficult to guarantee the credit of the electronic transactional subjects, difficult to ensure the electronic trade, difficult to protect participants' privacy of the electronic trade and difficult to resolve the arguments of the electronic trade.Part III The improvement of the laws and regulations of Chinese electronic transaction. The part puts forward the legislative suggestions respectively according to the disadvantages existing in the legal regulation of the electronic transaction.(a) It suggests to ensure the reality and reliability of the transactional subjects and enhance the Honesty-Belief by improving the legal system of the electronic transactional subjects' identity recognition, the legal system of the electronic signature and establishing the safe certification and the access supervising legal system.(b)It suggests to strengthen the protection of the buyers' right to learn the truth, the electronic payment safety and the internet safety and suggests to establish the safe legal system of electronic transaction in the regulations of the electronic transaction.(c)It suggests to establish the personal privacy protecting legal system in the electronic transaction based on the current international minimal principle commonly adhered, the explanation and the informing principle and the principle of ensuring the safety of the consumers' personal information.(d) It suggests to assure the subjects and the undertaking mode of the legal responsibility in the electronic transaction arguments, to establish litigation jurisdiction principle in favor of the consumers in the electronic transaction and to practice the system of inversion for burden of proof and establish the system of returning goods without any reason and to improve the legal system of the electronic transaction disputes solution.