The Research On The Legal Issues In The Conclusion Of The Electronic Contracts

This paper focuses on study of the Electronic Contract.As a new type of contract and transaction more often used in commercial business,Electronic Contract has brought about many legal problems.In contrast to traditional contract,Electronic Contract is characterized by its features such as hidden identity,easy to be tampered, teclmology-dependent.Those characters of Electronic Contract cause many new problems and challenges in its conclusion.Apart form the preamble and conclusion;this paper consists of four chapters.Chapter one lays ground for the study of electronic contract.Electronic Contract is an agreement about goods and service trade made by electronic information which can genuinely represent mutual consensus such as electronic data exchange and electronic mail on internet.Chapter two mainly elaborates legal issues of electronic offer,including difference between electronic offer and invitation to offer,delivery and effectiveness of electronic contract,withdrawal and cancellation of electronic offer.Chapter three addresses legal issues concerning acceptance of electronic offer, including delivery and effectiveness of acceptance,withdrawal and cancellation of acceptance,settlement methods for mistakes of electronic offer and acceptance.Based on the comparative research of foreign and Chinese legislation.Chapter four makes comments and proposals from both macro and micro perspective on present legislation in China.