The Meaning Of E-commerce

The development of E-business is faced with many legal problems demanding prompt solution; actually, any deal is reached through the contract between buying and selling sides, no exception to online transaction; so the legal problem relevant to electronic contract is undoubtedly a main one in E-business. Electronic contract differs from the traditional paper contract, for it is computerized and its carrier is digital information, so the problems facing the electronic contract can't find solution from the traditional contract law. Meanwhile, internet is a unity, but different countries' laws are different from each other, thus ahead people lies this problem that how to apply to law when signing contract on internet. As a matter of fact, electronic contract is as the same as the traditional contract in being receiving basic regulation and the main constituting stages of contract, but owing to the use of electronic data exchange-----a modernized fast information-transmission means in the contract's brewing, signing and fulfilling as well as in part or the whole of the aftermath process. So, electronic contract is different from common contract in outward appearance. Besides, this kind of modernized information-transmission means itself needs adjustment through untraditional legal regulation; therefore, the adjustment of this kind of contract reflects the tendency of surpassing former contract system. However, the nature of this adjustment is not a complete negation to original system. That is to say, here what we're to approach is not to construct a completely new electronic contract legal system, but just a filter of traditional contract legal system, from which those parts unsuitable for the new operation table brought about by advanced technological system. Thus, this adjustment first means a review and a overall overhaul of the existing contract law system. So the value of probe into the law relevant electronic contract is self-evident. It is exactly because the legal problems facing electronic contract can't be solved through traditional contract law, therefore, this paper will, with the meaning expression of electronic contract as starting-point, in the light of existing civil and commercial law as well as American and EU laws related to E-business, study this problem and I hope it will be beneficial to law theoretical circles and law practical circles. Specifically speaking, this paper will, with the meaning expression as the starting-point, in the light of civil and commercial law, E-business law, etc, consulting other countries' laws relevant to E-business, study the meaning expression of electronic contract through systematic analysis of electronic meaning expression's challenges to traditional law. In this way, I hope that, the problem of electronic meaning expression can be properly solved under the condition that traditional law system is not negated completely, to propel the perfection of the law of E-business.