On The Effectiveness Of Electronic Contract And Legal Issues

Somebody predict that the 21st century was the era of Electronic Commerce. Being the leader of the new century Electronic Commerce is more and more important. The global electronic business trade amount was only 280 million USD in 1996, but in 1999 only on-line shopping trade amount is 312 million USD. The amount will reach 3000 million USD in 2001. In our country there was 9906 webs before June 1999. The relevant Electronic Commerce web is 296. Being a new thing in the twentieth century, Electronic Commerce is a kind of business action, which is taken by Internet or other electric techniques. Now international organizations and many countries are taking the legislation enthusiastically. Electronic Commerce has two type-- BtoB and BtoC and has some following characteristics such as paperless, net, real time, interactive, opening and global. Electronic Contract is an important part of Electronic Commerce. It is different from the traditional contract. E-mail, EDI, Net Advertisement, Interactive Television and so on, can conclude it. In this thesis I mainly introduce the E-mail and EDI which used extensively in the field of Electronic Contract. Concerning form of the contract, Electronic Contract has not the written form like the traditional contract but it can be same as the traditional contract through agreement or legislation. Concerning process of drawing up a contract (Offer and Acceptance), E-mail is almost same as the traditional contract but EDI differ. In EDI contract, offer and acceptance is effective and they are irrevocable before or after they take effect. Concerning a contract coming into force, Electronic Signature has the same function as the signature by hand and many countries now accept and regulate the Electronic Signature by legislation. Concerning determining the force of the contract, Electronic Evidence is regard as the indirect evidence and it has some probative force. Now our country has no legislation in Electronic Contract. We should make Electronic Contract laws to adjust to social improvement.