On The Basic Principles Of E-Commerce Law

The basic principles of E-commerce law are presence or absence, what are the basic principles and the basic principles of the relationship between the content and how it is on the main contents of the article. In this paper, the first part of the article take a comprehensive overview on the principle of functional equivalence, the principle of technology neutrality and the principle of autonomy of these three basic principles of e-commerce law framework and the relationship. The article consider that the principle of functional equivalence, the principle of technology neutrality and the principle of autonomy to guide the whole field of e-commerce law from different perspectives by collaborative division of labor. The principle of functional equivalence is the premise; the principle of technology neutrality is the cornerstone and the principle of autonomy is the leader. In principle the formation of the issue, because there are considerable difficulties to the master the e-commerce data message in the legislation, the United Nations Commission on International Trade Law advance the functional equivalent methods to solve the problem, thereafter, the principle of functional equivalence was gradually formed after the extensive application of the functional equivalent methods. E-commerce legislation is inevitable that the existence of technical terms, people bring forward the principle of technology neutrality in the proper handling the relationship between the technical issues of e-commerce law. There are a lot of difficult in the e-commerce law, but the autonomy of the parties are able to solve the problem of difficult to standardize, in this sense, autonomy can become a unique principles of e-commerce law. The content of the basic principles are mainly divided into three parts, the contents of the principle of functional equivalence including the functional equivalence of electronic signatures, data messages in written form and the original form of functional equivalence; the contents of principle of technology neutrality include that e-commerce law treatment the technology over the past and existing equally, at the same time, e-commerce law but also treat the future e-commerce technology with open and inclusive. The content of the principle of autonomy, including the parties in addition to the parties, the object and content of the e-commerce legal relationship can be autonomy, but also including the freedom of mean, the true of mean and the freedom of expression. In functions of the fundamental principles of e-commerce law, the article expatiate on the functional of the solution to the form of data messages as well as the functional of the unification of the form of norms by the principle of functional equivalence, the functional of unify technical specification and build technology platform of equality by the principle of technology neutrality, the functional of supplementary norms and the gist of dispute resolution by the principle of autonomy. About the requirements of principle, the principle of functional equivalence is requiring of the principle can only be applied to the form of norms of a data message, and can not be applied to the substantive of e-commerce law. The principle of technology neutrality requires that all technical terms of the establishment of e-commerce should be technology-neutral treat the problem of technology. In addition to the principle of autonomy to allow the parties broad autonomy, but also the requirements of e-commerce law encourage party autonomy in the imperfect and difficult to regulate the field, and in this case as a basis for autonomy. Article in its tail are discussed in Part VII of e-commerce law at home and abroad on a concrete manifestation of e-commerce law to prove that this is indeed the major principle was followed in e-commerce legal practice. The Part VIII discusses the basic principles of e-commerce law guidance for legislation and judicial practice in order to demonstrate the basic principles of e-commerce law is the value of its existence.