Study On The Effect Of The Electronic Contracts For Minors.

With the development of economy and society, the network economy develops fast, the minors participate in the network life, Formation of electronic contracts is becoming more common day by day. from Gains the free network service jurisdiction to the amount different hypothesized property transaction, the electronic contract by the minor use widespreadly. In view of the minor electron contract, has had lots of the related emerging theorys, the corresponding legal regime can also consummate gradually. However, regardless of from the fundamental study or the legal present situation, These academic achievements lag in solves the minor electron contract questions. Obviously ,the modern network life is different from the traditional, has had impact on recognizing our country minor civil capacity, also has affected The establishment and effectiveness of electronic contracts .The common question should give the proper attention to the minor network life. Regarding this, the article mainly divides into four parts to Explain Systematicly.The author embarks from the electronic contract and the traditional contract's difference, carries on the brief introduction to the minor electronic contract. Under the electronic contract background, focus on the limitation about Provision of the minor civil capacity, as well as pay attention several questions to the minor electronic contract potency recognized.The first part, introduce the concept of electronic contract, Emphasize electronic contracts different from the traditional contract to draw out the minor electronic contract's characteristic, and carry on the simplely classification to the minor electronic contract. The electronic contract is a agreement which through the network set up,change, terminate the property civil Rights and obligations By electronic means. different from the traditional contract, the electronic contract's litigant's status is not easy to determine, the tool diversification, the meaning expression indirectly, the establishment time and place is Difficult to determine. The minor electronic contract is refers to the minor who participate in the contract to set up,change ,terminate the property civil rights and obligations of by network. The minor electronic contract needs minor's participation, the Amount is small, The establishment and implementation is Instant ,and basically fulfill the duty first by the minor. The second part, analyzes the minor civil capacity stipulation, elaborate the netowrk effects to minor, as well as to correlate theories influence. In our country, recognizing to minor civil behavior potency has four standards, suca as the mental level the age, the behavior and connection with life, Intelligence , the amount. The network life cause the minor maturity and independence earlierly; The hypothesized property price's large undulatory property and has affected the amount judgment, also has affected minor's foresight ability;but the minor behavior and connetion with life is need Explanation and judgment by rule. Whether to expand minor's civil capacity is also need argument in the theorists.The third part, mainly introduces Common questions which affect the minor electronic contract potency. First, we should pay attention to"the electronic agent"and the network hypothesized role, the account tool value and the influence to the contract potency. Secondly, the litigant meaning expressed that real or not does not affect the contract the establishment, but in the network, exists kinds of mionr electronic cotract because of the meaning expression mistake and the tenable, according to the different situation, should give to its potency to recognize separately. Finally, such as the cheat, the coercion, the significant misunderstanding and lose fairly obviously behaviors, in the minor electronic contract potency recognized Process also has the difference with the traditional contract.The fourth part, Recommendate the further explanation to the civil law concerned the minor civil capacity.To Modificate and interpretate Contract Law, solves the minor electronic contract related problems. And speeds up our country electronic commerce legislation's step, establishes the related electronic contract the overall legal framework. Only legal framework's overall necessary development, can the minor electron contract's legal construction consummate.