The Research On The Legal Issues In Making Electronic Contracts

Since the twentieth century, with the rapid development of Internet,e-commerce activities in thunder trend permeate all aspects of our sociallife. Online trading, online payment, online shopping and other new ways fortrading impact on the traditional business model, the traditional form ofcontracts has been unable to meet the needs of electronic contract markettransactions. Electronic contracts, as a new form of contract came into ourlife. Electronic contracts are based on electronic networks. It is a new formof traditional contracts in the internet age. Electronic contracts existsin different forms, entered into a special way，has gone beyond the scopeof traditional norms contract system. Therefore, we choice the law issue ofelectronic contract entered into research, hoping to provide somesuggestions for future legislation.This paper is divided into three parts. The first part is an overviewof the electronic contract. First, we should elaborate the concept ofelectronic contracts entered into and then draw the particularity ofelectronic contracts entered into by comparing the electronic contracts withtraditional paper contracts: the uncertainty of the identity of the body、be made of in different ways、 the instability of the contract.The second part describe the electronic contracts in particular problems,starting from the body, admit minors to conduct electronic contracts withtheir age, intelligence, mental health and effective adaptation，involvingelectronic contracts for legal qualifications should be strengthened；nextis the electronic agent system, although it is no contractual capacity, butits electronic contracts signed are still recognized; Then the contract is entered into the electronic program, electronic offer may be withdrawn,offer can not be revoked in principle, electronic commitment may be withdrawnand revoked. Finally, it is the electronic wrong question, clearly erroneouse-takers in principle electrons agent exceptions borne by the opposite party.Based on electronic contracts mentioned in the second part of the problems,and learn from experience of other countries put forward some legislativeproposals, including: Improve the ability of minors contracting provisions,conditional recognition of the validity of their signed contract; improvethe electronic agent system requiring its legal obligations assumed by theuser or developer electronic agent program;improvement of electronic errorresolution mechanism, according to whether the parties have agreed todistinguish between different situations; perfect time and place when theelectronic contract, the two sides agreed place most closely connected toreceive a promise or contract is formed.