Electronic Contracts Entered Into On Legal Issues

With the development of e-commerce, the applicable scope of the electronic contract continues to expand. As a new contract form, electronic contract having the same nature and characters. That is, the basic principle and theory of traditional contract law is still applicable. But there are also some differences between the electronic contract law and the traditional contract law, which had formed the impact and challenges. Although the legislation of electronic contract had already existed in China, it is obviously insufficient. This article will carry on a deep discussion about the legal issues of electronic contract.The first chapter is an overview of electronic contract. At the beginning is concept analysis of electronic contract. Then, comparing with general contract, it concludes the characteristics of electronic contract, which are contract subject virtual nature, the electronic contract environment changed, the electronic contract has not stability, contract program changes, the contents of the contract is also different and the form of a contract completely different. Finally, the challenge to traditional legal will be described.The second chapter shows the special legal issue in electronic contract. Firstly, it analyzes the main contracting body, mainly describing the electronic contract party behavior ability and electronic agent specification; Secondly, it analyzes the offer, commitment and electronic errors in electronic contract; Thirdly, the article analyzes the time and place of electronic contract; At least, the legal effect of the electronic contract will be analyzed.The third chapter is the discussion and suggestions for electronic contract legislation. First shows the present status of electronic contract legislation in China by analyzing the insufficiency and legislative defects of the electronic contract; Second, the necessity of improving China’s legislation of electronic contract will be analyzed. At last, some suggestions concerning legislative principles, legislative mode selection, legislation improvement, supporting measures improvement and judicial practice improvement will be put forward.