Study Of E-commerce Contract Legislation

Electronic commerce has become the main trade form of the 21^slt century since its coming into being and rapid spread to the whole world. Exploration to lawmaking on electronic commerce has been undertaken in some developed countries and regions, discussing the related law issues.The core of the electronic commerce lawmaking is laid out by the validity of electronic signatures,electronic contract and electronic record. Though some related law, regulation as well as local rules and regulations have been launched in our country, the most important issues during the electronic commerce process are still very few, in which there are only two---The Contract Law of the People's Republic of China and The PRC Digital Signature Law. And the systematic law system on electronic commerce hasn't been formed yet. Based on the situation of our country, the author also regards it is necessary to upgrade the lawmaking on electronic commerce, especially the electronic commerce contract since the few regulations in the current Contract Law could not cover all the meaning of electronic commerce. Through the analysis of the main parts of electronic commerce contract, contract forms, the existence of the contract as well as the validity of the contract, etc, this paper has studied and summarized the lawmaking of electronic commerce contract, hope it will be useful in the electronic commerce contract lawmaking of our country in the near future.This paper consists of eight parts such as brief introduction and conclusion, with 2, 6000 words in total.Brief introduction clarified the necessity of lawmaking on electronic commerce urgently with the rapid development of electronic commerce.The first and second part present the concept, origin and the development of electronic commerce, as well as the obstacles on electronic commerce lawmaking, so as to educe the concept of electronic commerce contract.In the third, fourth, fifth and sixth part, great emphasis was laid on the forms of electronic commerce contract, main parts of the contract, the process of making contract and the validity of law. Comments and analysis have been undertaken especially on the controversial issues such as electronic signature, the offer and acceptance of electronic commerce contract, standard clauses, electronic agent etc. Meanwhile, this paper also reviewed on the related lawmaking methods of the U.N. and other countries all over the world so as to present an idea for reference.In the conclusion part, this paper, based on the fact of electronic commerce contract lawmaking of our country, presents some ideas on completing the law environment of electronic commerce policy in our country.