Study Of E-commerce Breach Of Contract Remedy System

The Electronic Commerce Contract (EC Contract) is an agreement for forming, changing, ending the property relationship of civil rights and duties of the equal subjects, which is concluded through the internet. The obvious difference between the EC Contract and the traditional contract is that the EC Contract is concluded through the internet. The System of Remedies for Breach of the EC Contract is a sum of legal rules which provide the parties concerned reliefs when they encounter breaches. It mainly includes the system of recognition of the breach, the system of remedies for the breach and the system of undertaking of the liability. The breach happens after the EC Contract becomes effective. Because of its particularity of conclusion and the difficulty of the identification of the other party, some particular rules should be formulated in the system of recognition of the subjects. The remedies for breach in the EC Contract mainly include Electronic Self-service, civil action and the Online Dispute Resolution. The law should establish the legal position of the Electronic Self-service and restrict its application. The remedy of civil action needs to solve some problems, namely the definition of the court's jurisdiction, the definition of the suitable law and the proof effect of the electronic datum. The Online Dispute Resolution is important in the solution of the dispute of the EC Contract. In the system of the undertaking of the liability, traditional principles for imputation can be applied in the EC Contract. But there are some new exemption excuses, such as the interrupt and breakdown of the internet. And there are new ways to undertake the liabilities of breach, such as stopping using and suspending visiting. In our country, the system of the remedies for breach should be perfected from the beforehand prevention and the afterward remedies.