Perfect Theory Of Electronic Contracts A Number Of Legal Issues And Legislation

In order to resolve the issues arising from electronic contracts' application of the present contract law, international organizations and countries in the world, including China, have been doing research and improvement work on legislation concerning electronic contracts, but there are still many issues yet to be solved.The existing jurisdiction concerned is inadequate and general, resulting in poor feasibility. The author of Research on Legislation Concerning Electronic Contracts in China, by analyzing the Country's legislative situation and practice, and comparing the views held by varied scholars, explores some legislative proposals in the electronic contract field such as electronic agents, acknowledgement of receipt, electronic mistakes, and so on.The thesis comprises five parts, i.e., the preface, three chapters and the conclusion.Preface: there are many disputes of electronic contracts due to the vacancy, roughness and shortage of legislation in China's electronic contract law. So it is necessary to perfect our electronic contract law.Chapter 1: Corresponding with the electronic contract concept, and characteristic, the author points out that electronic contract has its own qualities which are different from the traditional contract. It makes the traditional contract law rule not applicable to electronic contract. Neither from practice or theory perspective, it is needed to have a set of law which suits electronic contract. United Nations and international community, following the current trend of events demand, have drawn up legal rules of the electronics contract in succession, among which are United Nations Model Law on Electronics Commerce, Model Law on Electronics Signature, and legislations concerning electronics contract in the United States. China's Contract Law and Electronics Signature Law contain relevant provisions also, but they are only too general, and short of adequate and feasible provisions.Chapter 2: mainly analyze certain special questions on electronics contract. In its Section One, we mainly analyze the definition of electronics agent, its difference from and shared points with traditional civil law agent, and legal problems arising from electronics agent, such as the contracting competence of an electronics agent, attributes of acts and mutual agency; in its Section Two, we focus on the definition of acknowledging receipts, legal issues arising from acknowledging receipts, and the difference between acknowledging receipts and electronic mistakes. In Section Three, we mainly tackle the definition of electronic mistakes; analyze the classification thereof and its producing effects. Based on the above situation, we work on the legal issues stimulated by electronic mistakes.Chapter 3: put forth some suggestions on the betterment of electronic contract regulation: to establish effective specific rules; China should draw up united Electronics Contract Law or perfect existing Contract Law, which should be clearly stipulated in terms of the content of electronic agents, clarify its contracting effects, and attribute the rights and obligations to their establishers; clearly define the acknowledgement of receipts and legal effects thereof in order to mitigate the difference between electronic acceptance and acknowledging receipts, and resolve some legal problems related to the establishment of electronic contracts; clearly define electronic mistakes by legal provisions and their components, and, based on classification of electronic mistakes, decide responsibility bearing concerned.Conclusion: China's electronic contract legislations are to be refined and detailed. When formulating relevant laws and regulations, consideration should be given to the characteristic of electronic contracts and special problems encountered in China. We can learn from the matured foreign legislation, and take consideration of China's current situation of scientific design of the legislation.