Electronic Contracts, Legal Research

As we enter the information age, a new form of contract namely the electronic contract has come into being which affects every aspects of society. As the combination of electronic network technology and business operation, electronic contract is a legal form for all parts involved in an E-business operation to determine their right and obligation. This thesis studies some legal problems that occur in the system of electronic contract. This thesis consists of five parts.Part I discusses electronic contract . It is a electronic recording protocol of right and obligation through computer and internet. It is characterized by virtual, electronic, speedy. From the point of view of the fashion of concluding the contract,contract is divided into EDI contract and E_mail contract. From the point of view of the party's character,contract is divided into electronic agent contract and the party oneself contract.Part II introduces some important principle during electronic contract is concluded.The author thinks electronic agent is different form traditional agent.The party oneself bears responsibility when electronic agent makes a mistake.The author discusses the offer and acceptance.Functional-equivalent and technical-neutral is two important principals of electronic signature law.Part III analyzes the principles that should be obeyed when the obligation is fulfiled and the payment way of the commodity and so on. The author considers that some responsibilities should be exempted at some time.Part IV explains that the evidence of electronic contract is a independent evidence type.Because it isn't material evidence, documentary evidence or audio-visual evidence.And it discusses which court the case should be dominated by and which law is used and by which way the case is seetled.Part V describes the status of electronic contract all over the world. And the author takes some suggestions for the legislation of our country.