A Study On Declaration Of Intention Of Data Electronic Text

Since the end of last century, with the development of IT, internet has enteredand dominated our study, work and life gradually with the advantages of speediness,convenience, large amount of information and low cost. When people implementeddeclaration of intention on the internet, a new load of declaration of intentionemerged, that is data electronic text. As data electronic text is used widely, relativecivil problems start appearing on the web. However, because of the initial stage ofinternet legislation in our country, the theoretic study on data electronic text is laggedbehind relatively and it’s hard for the declaration of intention in currentimplementation to adapt to the rapid development of data electronic text. Owing tothe reasons mentioned above, the object of study in this thesis from the perspective ofthe declaration of intention under network environment is to perfect the regulationsregarding to declaration of intention of data electronic text and solve some relevantcivil legal problems; try to use comparison way to compare current laws of ourcountry with international leading legislation examples; explain current regulationsand innovate and perfect our country’s traditional declaration of intention graduallyso as to establish civil law system for declaration of intention of data electronic text inour country.Five Parts are divided in this thesis.Part1is the introduction of declaration of intention of data electronic text. Fourquestions are discussed in this Part: Firstly, the meaning of data electronic text. Thecomparison of the concept of “data electronic text” in UNCITRAL with maincountries in the world is covered in this part, as well as the analysis of the concept ofdata electronic text of our country. Secondly, the relative concept of data electronictext is introduced. The concepts of data electronic text such as concepts of internet,information system, addressers, recipients and intermediaries are analyzed andexplained in this part. The third one is the load of data electronic text and declarationof intention. This part puts forward and analyzes the categories of traditional loads for declaration of intention as well as the difference between data electronic text anddeclaration of intention in terms of material, appearance, the information symbols andinformation content loaded. The difference between declaration of intention of dataelectronic text and declaration of intention in traditional written form is illustrated inthe fourth part, and two forms of declaration of intention in terms of establishingmethods, the degree of technology influence, functions of declaration of intention ofdata electronic text and the difference in adaptable rules of them are mainly analyzed.Part2is about the form of declaration of intention of data electronic text. Threeproblems are studied in this Part: the first one is the legal form of declaration ofintention of data electronic text. The methods solving declaration of intention of dataelectronic text is put forward by analyzing relative rules in the form of foreigndeclaration of intention of data electronic text and recognition for declaration ofintention of data electronic text of parties in practice. The second is the idealisticperforming ways of declaration of intention of data electronic text. It is thought thatthe declaration of intention of data electronic text is not in the written form; thedeclaration of intention of data electronic text has its intrinsic characteristic. The thirdone is the introduction of the defects and perfection of forms and rules for ourcountry’s declaration of intention of data electronic text. The defects of formal rulesof our country’s declaration of intention of data electronic text are analyzed and theconcrete legislative proposals for the perfection of formal rules of our country’sdeclaration of intention of data electronic text are put forward.The attribution of the declaration of intention of data electronic text is discussedin Part3. There are two problems in this Part: one is the introduction of the rules ofattribution of electronic signature. This part analyzes and concludes the concept,functions of attribution and legislative modes for electronic signature throughout theworld including our country, and puts forward relative perfect suggestions on thebasis of detecting some faults of legislative rules of our country’s electronic signature.The other is the introduction of the presumption and recognition rules of attributionfor the declaration of intention of data electronic text. It is pointed out thatrepresentors can confirm the attribution of declaration of intention of data electronictext mainly by electronic signature, as well as general attribution rules, presumption rules of attribution and recognition rules of attribution.Part4is about the content of declaration of intention of data electronic text. Twoproblems are discussed in this Part: one is the original of data electronic text. Thispart analyzes the rules of data electronic text’s original in UNCITRAL, and putsforward suggestions perfecting our country’s rules for data electronic text’s original.The other is the preservation of data electronic text. This part analyzes and concludesthe preservation concept and ways of data electronic text and foreign preservationrules of data electronic text, as well as the analysis of current preservation rules of ourcountry’s data electronic text.Part5is about the efficiency of declaration of intention of data electronic text.Four questions are mainly studied in this Part: First is the effective time of declarationof intention of data electronic text. This part clarifies rights and responsibilities ofsenders and receivers clear by analyzing how to confirm the effective time of dataelectronic text. Second is the acknowledge-ment of receipt of data electronic text.This part mainly analyzes the way of distinguishing the methods and adaptive limitsof the acknowledge-ment of receipt rules and the rule of sending and receiving aswell as the analysis of UNCITRAL on the basic rules on acknowledge-ment of receipt,and points out the defects of our country’s acknowledge-ment of receipt rules as wellas some suggestions to perfect. Third is the effective place for declaration of intentionof data electronic text. This part mainly analyzes and compares declaration ofintention of data electronic text in UNCITRAL with that of our country. The fourth isto withdraw and cancel of declaration of intention of data electronic text. This partmainly analyzes and discusses the withdrawing declaration of intention of dataelectronic text, canceling of offer and withdrawing and canceling of declaration ofintention under certain problems caused by special web environment.