Study On The Conclusion Of The Contract Of Related Legal Issues Of Electronic Commerce

Electronic Commerce (EC)'s coming is impacting upon traditional contract law system. This paper laid a strong emphasis on the study of the process of concluding contract, which was the largest difference between electronic contract and traditional contract. Referred to the rules established by some countries and international organizations as well as basic principle of contract law of our country, this paper tried to study some puzzles of the founding of contract in the activities of EC under current law framework, especially not having been solved or mentioned and being disputed among scholars nowadays, in order to supply some references to future legislation activities of EC. Meanwhile, this article presented the kinds of EC and evidence, expatiated on the definition of EC contract. Then, this paper studied how to validate the status of the parties and explored the possibilities of mobile phone, Email and IP address as identifying method. This paper stated some mistakes and limitations in the study process of intention-expression rule. This article, also, analyzed the time, the place sending out and becoming effective of intention expression. Finally, this article discussed some special issues, including the classifying standard to dialog offer and non-dialog offer, the character of the advertisement on web, the property of the cross-offer, an offer's withdrawal and revocation, the period of validity of acceptance, the confirmation of delivery of acceptance, an acceptance's withdrawal and revocation.