A Study On E-Business Contract Violation Responsibility Determ Ination And Legal Liability

The World Internet Conference is held in Wuzhen Town of Zhejiang Province.Premier Li Keqiang launched out the plan of “Internet Plus” at the government work report in 2015. This proves that we have entered a new era, the era of Internet.The difference between Electronic Commerce and Traditional Commerce is the factor of Internet. The factor of Internet differs the settling of contract in the two situations. An Electronic Commerce Contract is usually virtual, with great technology and very regular. It challenges the old theory of confirmation and assumption of liability at the case of breaching a contract.The making of the law of E-signature, the revision of Law on Protection of the Rights and Interests of Consumers and the extra part of electronic message in the Law of Contract as well as the rules of State Department and the State Administration for Industry & Commerce of P.R.C show that it is really necessary to make a study on the confirmation and assumption of liability at the case of breaching an Electronic Commerce contract. The European Union, the United States, Japan formulate special laws and regulations following the electronic commerce development rules and the guidance of basic principles. The legal system of regulating the liability of the breach of contract in E-commerce trade is not mature. It is lack of technology and is weak of operability. With the globalization of E-commerce, the systems of regulating the liability of the breach of contract in E-commerce in different countries start to convert.This proved that it is possible for us to learn from the foreign advanced systems.This paper analyzes different regulation of different laws on the liability of the breach of contract in E-Commerce, such as the Contract Law, Consumer protection law and the law of E-signature etc. The fraud of the internet traders is the first reason for the failure of an E-commerce contract. It is hard to identify the default behavior, and it is also hard to solve the E-commerce contract disputes. The reason for this study is the weak state of the internet consumers in an on-line trade. It is hard for the consumers to identify a fraud and the privacy of the consumers is usually violated. As for this, the legal system in China has given more protection to the liability of the breach of contractin E-commerce. The newly released Consumer protection law has given the consumers the right to return the goods without any restriction. But the empowerment of rights can lead to moral hazard. It is possible that the consumers will return goods without any reason. Because of the special traits of this right, the conviction of consumers’ abuse of right should be identified as ill purpose or mistakes.There are many problems on the current system of the liability of the breach of contract in E-Commerce. The law doesn’t go with the realistic problems. It is very important to regulate the E-commerce market to protect the rights of consumers. To identify the subjective requirement, behavior factor, damage element and cause of a internet trade fraud is key to make sure whether the on-line trader breaks the contract. It is necessary to perfect the system of returning goods. Clear the rights and responsibility of the two parts of the contract and the liability when the consumers return goods. The Internet Computer Service Provider has the responsibility to set the network users agreement, the internet trade rules to regulate the acts of the on-line traders and consumers. The E-commerce needs efficiency. The traditional suit and ADR can not protect the consumers well. So we should broaden our way to solve E-commerce disputes and introduce ODR and the Public Interest Litigation. The law gives the consumers the rights to return goods freely but not purposely. The consumers should not abuse their rights and disturb the order. We should establish the identification system and avoid moral hazard.