The Study On Law Problems Of Online Auction Contract

With the advent and the prevalence of e-commerce,the online auction as a new style of trade has become more and more popular in nowadays.The reason of great development of online auction is that the price of commodity is decided by bidding.The two parties of contract can get benefit from the bidding.There is no middleman between the seller and the buyer.So the price of commodity is lower than the price of commodity that selled by a fixed price.In addition,the commodity in online auction is varieties.This article makes online auction contract as the research objective, analyzing the characterristics of the online auction trade with the methods of comparison,induction and policy analysis.It analyzes the attributed of the conducts in all parts of the online auction trade and give an in-depth study on the contract's found,the contract's effectiveness and the contract's implementation.In the frist place,should define the essence of the online auction, clarifying its connotation,emphasizing the distinguishments between the online auction and the traditional auction by analyzing the origin,the features and the flow of the online auction.The establishment of online auction contract is the result of the selling and the bidding of the parties. The legal nature of the selling and the biding is should be analysed by the theory of offer and acceptance in specific deal.During the tradition deal,it is easy to judge the real situation of the parties.But when dealing on the internet,it is hard to clear the real situation of the parties.So there are more and more minors to sell or buy something on the internet.The contract that founded with the people without capacity for civil conduct is of no effect.The situation of the contract that founded with the people who has the limited capacity of civil acts is complexity.If the people who has the limited capacity of civil acts cheats the other party causing them believe that the people who has the limited capacity of civil acts is full capacity of civil acts make business with others,the contract is effective.In the process of online auction,we need the help of electronic agent.The electronic agent play a important part in process of online auction,we shuold give the contractual capacity to electronic agent.The consequences of the behave of electronic agent attributable to the user of electronic agent.The items in online auction is varities.When selling the items that prohibited by the law,the contract is invalidly.When selling the items that restricted by the law,the contract is validly.When selling the items that belonged by others or infringe on others rights,the contract is validly in generally,excepting the parties have conspiracy.When the contract become effective,the parties should fulfill the content of the contract.The seller should give the subject to buyer and the buyer should pay for the subject.In addition,the parties should not hide the real situation and should protect the privacy of each others.