Research On The Conclusion Of The International Electronic Commerce Contract

With the global economic integration and rapid development of science and technology, the electronic commerce contract is gradually substituting for the traditional contract and has become the foundation and certificate of international trade. As a new style of contract, electronic commerce contract has both the general characters of contracts and new features, making the law and statutes on contracts not adapt to the current situation about electronic commerce . Therefore, it is necessary to renew the existing law and perfect the regulations on E-business-contract.This thesis includes three parts. The first part summarizes E-business-contract. This part paves a theoretical way for the following discussion by elaborating the concept of E-business-contract, comparing E-business-contract with traditional contract, and analyzing the characteristics of international E-business-contract.The second part includes preliminary research on the core issues of international E-business-contract. This part includes problems which have already existed in traditional contract, for example, the time and location of the conclusion of the contract, offer and acceptance eg, and new issues provoked by electronic commerce due to its special style, like electronic signature, electronic agent and the right protection for on-line consumers.The third part proposes principles and specific advices that can perfect legal system of E-business-contract in our country, according to forward discussion about the problems on international E-business-contract and the current legal institution in our country. After seeing some countries' legislations two legislative models can be found, they are single legislation and complex legislation. After analyzing two models there is a conclusion. The conclusion is that we must firstly reference practical international legislation rules, emend current law and statutes according to the trend of electronic commerce development, then formulate and enact a uniform code on electronic commerce, and finally make single legislations on specific issues under the guideline, so that an integrated legal system of electronic commerce could be formed.