Research Of Several Legal Issues In E-commerce Contract

As the extension of globalization and the rapid development of high technology, e-commerce penetrated into people's life. E-commerce contracts as an important tool of e-commerce transactions, with its incomparable promptness and convenience, created vast development space for global commercial trades. However, the paperless of e-commerce contract and the Virtuality Of e-commerce platform make the automated trading data message can run under the environment of unmanned control, which puts forward new requirements on the traditional law puts forward new challenges to trading system. On the basis of constantly progress of related technical, on the basis of e-commerce contract,law system is not perfect and becomes the discourages of e-commerce in the 21st century for the further development of the bottleneck. So many scholars began to discuss common law of electronic commerce adaptability. The legislation for electronic commerce research becomes to be center of the world legal research.In view of the complexity of the electronic commerce system and the extensive range of involved, this thesis focused on analying the contract system of e-commerce, discuss the existing problems of the comparison and analyse the differences in e-commerce contract between the traditional contract system and the basis.Combining legislative situation at home and abroad, puts forward related Suggestions.The articles consist of four parts:The first chapter:the paper reviews the concept of e-commerce and e-commerce contract, summarize the universality and individuality between e-commerce contract and traditional contract,mostly involving e-commerce contract subject system, the contracting procedures, jurisdiction rules for the legal system features of the new requirements, put forward to the above problems for below thorough groundwork analysis.The second chapter basically analyse specific performance that e-commerce contract challenges traditional contract subject system. virtual E-commerce environment makes both parties can not meet in the actual environment, negotiate information. Tthe digital electronic information, help convey imformation between each other through the Internet server. Such transaction characteristics makes both parties cannot judge each other's true identity and behavioral capacity, which could produce a lot of minors making contracts. If used traditional civil law of behavior ability, is not only benefit protection intention of lawmaking, but also disadvantageous to the further development of electronic commerce. So the article discuss the minors on different electronic capacity-to-contract, separately from the illustration of age, specific contracting situation detailedly.Then raise some feasible countermeasures.The third chapter study the impact of electronic contract and traditional contract by contracting procedures prominent problems. This chapter seize the most prominent problems in the process of electronic business in the existing electronic technology level, proposed measures based on the relevant legislative proposals.The fourth chapter's content is the jurisdictional problem of electronic commerce contract dispute. E-commerce contract is the result of equal consultation accord, still have the nature of the contract, the parties of the characteristics of equal consultation in e-commerce contract in a very important position. When such contract occur disputes, the determination of the jurisdiction of the court becomes a difficult problem in current e-commerce practice. How to determine the jurisdiction of e-commerce contract properly snd reasonably becomes a huge problem.Private law autonomy is an important concept of electronic contract.Therefore, e-commerce has changed the traditional business operation mode and behavior, in order to better adapt to the development of this new system in perfect traditional jurisdiction, the theory of current academic circles should be completed to deal with the new theory by selective reference.