The Electronic Declaration Of Intention

As the emerging economic activities under the information condition, E-Commerce has become a global integrated production and the important tool of organization way. It increasingly plays an important role in mastering initiative of resource allocation and in the process of raising the national competitiveness. E-Commerce cannot leave the electronic contract that important part of strong theory is electronic declaration. Electronic declaration is also fundamental characteristic to differ from electronic contract and traditional contract, and has closely linked with the field of real life and immediate interests. With issuing "electronic signature law" and implementing in china, we has made great progress whether in theory or in practice, and also solve the hard problem of practice in dealing with electronic business disputes. But it is far from meeting actual needs of the development of our country E-commerce.The purpose of this paper is through the comparative analysis to summarize the problem of South Korean and Chinese electronic contract about declaration of intention legislation, effective, withdrawn and flaws, and to explore the future related legislation plan of our country electronic contract which provides the basis for perfect orderly trading model and promoting the development of E-commerce.Firstly, this paper uses the method of Induction, summary, analysis to introduce the basic theory of declaration of intention in electronic contract, mainly including the concept, elements of declaration of intention and the concept, elements and features about electronic declaration. And according to the different expression about electronic declaration in foreign e-commerce legislation, this paper defines the concept of electronic declaration. Secondly, through the way of literature collection and system Induce, this paper expounds present legislation and basic content of declaration of intention in Chinese electronic contract. And then it’s also by literature collection, translation literature and system induce to make interpretation and analysis about present legislation and basic content of electronic declaration in South Korea of electronic contract. Finally the paper compares two countries present legislation and basic content of electronic declaration in electronic contract through the comparative analysis, summarizes the method and with the reality of our country, puts forward the suggestion to perfect the related system in China.Through the comparative of two countries, this paper puts forward the suggestion to our country as follows:It is necessary to like South Korea enact "electronic commerce basic law", to compensate the insufficiency of "electronic signature law" and systematically stipulate a series of legal problems to lay the foundation of the legislation for electronic commerce. About the legislation effecting on electronic declaration is suggested adding situation that the addressee designates a specific system and sending data message to another system out of designating system. About the situation that the originator requests the receipt of the data message, but no not declare the message that received the confirmation receipt for conditions. About the provisions of site of sending and receiving, there is a missing that the originator or addressee has more than one business place. About the legislation of the problem that withdraws electronic declaration suggests making the right to withdraw unconditionally within a time limit. That is to say, an offer can be withdrawn, when accepting to withdraw unconditionally and receiving goods or that in sending within7days. About the legislation of the problem that electronic declaration flaws suggests recommending the United States, Japan related legislation to formulate problems about withdraw and cancellation, according to objective factors like "Not given to modify blemish situation","Know flaws, no timely notification" or "No interest from providing products and services" and so on as the standard.