Research On The Establishment And Effective System Of Electronic Contract

With the rapid development of internet and more and more are surfing the internet, E-commerce, through a combination of commercial and technology with web-media, having abandoned the traditional commercial mode, has substantially changed the traditional form of market transactions. As the main form of e-commerce, electronic contracts, with a lot of difference with traditional contracts, have resulted in a number of new legal issues, of which the validity of electronic contracts is an important problem to solve.The structure of the dissertation chapters includes an introduction and three chapters, as follows:Introduction of this dissertation introduces the research background and significance, the features of e-commerce contract and the categories of it, present research and innovations of the dissertation and its research methods.Chapter1:subject of electronic contracts. The main contents include: confirmation of contracting the parties, offer and promise, discussing the formation of electronic contracts from the perspective of offer and acceptance. E-Offer is made by electronic communication parties’ intention consistent. In the electronic offer within the stipulated time, the commitments made by the other party for the contents of the electronic offer electronic commitments. Once they get a commitment, the electronic contract is to take the effect.Chapter2:compared with foreign rules of e-contract, include:American’s e-commercial rules, rules enacted by European Union and international convention. From these several legislative rules comparison to find out what can be our reference and made several advices for our legislation.Chapter3:aim to discuss the e-contract rules of China, the main contents include: the effect of click-wrap contract and browse-wrap contract, and the drawbacks of e-commercial development and some advices for the law and its perfection in our country. These legislative proposals including:improve the legal system of the legal effect of E-contracts, E-authentication, E-signature law system and the protection of the interests of consumers.