On Legal Problems Of The Click-wrap Contract

With the continuous development of Internet technology, it is found that e-commerce is a huge potential market. Click on the contract as the wider use of e-commerce transactions in the form of a contract, compared with the traditional contract, with its own particularity.Click on the establishment and entry into force of the contract is different from the traditional contract. Click on the establishment of the conditions of the contract with particularity, the signature is an important factor in the establishment of the contract; the electronic signature is the signature click way to take the contract, including a digital signature to promote the use of vulnerable people. Click on the contract in place and set up form, by comparing China's "Contract Law", "Electronic Signatures Law" and the United Nations "electronic Model Law" the relevant provisions, we can see that the relevant norms of our country are still some shortcomings, the need for further to improve. At the same time, because of the particularity of online shopping behavior, click on the contract that is based on electronic means of transmission as a way to make the contract, everything is conducted in a virtual state, the parties can not negotiate face-to-face, therefore, compared with the traditional contract of sale, ability of the parties and the meaning of the act that it is difficult to determine the authenticity, which increased by factors of instability in online transactions, affecting the security of online transactions, and electronic authentication for electronic transactions to provide security. And commitments to our country for the entry into force of the offer are served, and such rules not only the trend of today's legislation in line with the network but also the transmission characteristics of communication technologies.Click on the performance of the contract in the process, the rights and obligations of buyers and sellers are the same with the general contract for the sale of the obligation to carry out all obligations of buyers and sellers. Transactions in the network, consumers can use the Internet to make a payment, online payment click on become an important issue to fulfill the contract, and online payment to pay the most important issue is security.Click on the contract the parties may be due to various reasons, the agreement for breach of contract, when both networks are businesses or consumers should bear the corresponding liability for breach of contract. In order to make the network effective, standardized manner, to safeguard the interests of the majority of Internet users, click on the contract the parties should bear the responsibility should be a clear breach of contract.