Research On The Construction Of Legal System Of Electronic Commerce In China

Compared with the traditional business activities, electronic commerce has thespeed advantage, cost advantage, and risk prevention and control advantage. Due tothe lack of the basic law of electronic commerce norm, and the existing e-commercelegal documents status is not high, the lack of cohesion, make the problem ofconstruction of legal system of electronic commerce as soon as possible in ourcountry appears imminent. In the our country present legal norms, normative legaldocuments are mainly on electronic commerce "Electronic Signature Law","Electronic Payment Guidelines (No.1)","Electronic Certification ServiceManagement Method", etc. Electronic commerce is widely used to promote thedevelopment of the legislation, many countries have introduced a standard electroniccommerce laws and regulations and other normative legal documents, the UN enactede-commerce demonstration law, the act of electronic signature demonstration, as wellas the legislation of the United States and other developed countries for the e-businesslegislation provides a model. China should draw lessons from international experience,introduced boldly absorb the international advanced electronic commerce rules, at thesame time, according to China’s e-commerce development, speed up the constructionof electronic commerce with the localization of legal norms, the escort for the healthydevelopment of China’s e-commerce. In this paper, on the basis of the analysis offoreign legislation, proposed the building of legal system of our country electroniccommerce. On the choice of electronic commerce legislation pattern, we suggest thatshould adopt international common practice, formulated the basic law of electroniccommerce, including trading main body, the electronic contract, electronic signatureand authentication, electronic payment, online business practices, protection of the rights and interests of consumers, the basic content of personal information protection,dispute resolution, etc.This article is divided into four parts for electronic commerce legislationprotection issues discussed:The first part of study basic theory of the law on electronic commerce. First of all,from broad sense and narrow sense two aspects, on a clear definition of e-commercelaw. Secondly, analyzed the characteristics of the electronic commerce law ande-commerce legal relationship.In the second part USES the method of comparison and induction analysis, fromthe United Nations, such as the United States about the legislation of electroniccommerce, supplemented by other countries in recent years the latest electroniccommerce legislation situation, investigation and analysis of extraterritorial legislationof electronic commerce, summarize the advanced legislative technology and legalsystem, for the reference in China’s legislation.The third part, starting from the status quo of China’s e-commerce legislation,identify the current problems of e-commerce related laws in our country, and furtheranalyzes the reasons of the problem, for the fourth part of the construction of the basiclegal system of our country electronic commerce provides the basis.The fourth part is the full text of the research focus. In this part, determinesuitable for China’s e-commerce legislation. And, under the guidance of the idea, frommicroscopic to our country electronic commerce on the legal system for the design ofconcrete.