The Several Legal Issues On The Conclusion Of Electronic Contract In The Electronic Business Mode

Information technology promote business activities ranging from a physical way to cyberspace.e-commerce emerged, which greatly changed the e-commerce transactions in the form of the whole society.Meanwhile, the electronic contract as a support e-commerce activities, is widely used in network trade.To clarify the rights and obligations of parties to a contract content,the essence of electronic contract does not change,but the change in form of electronic contract and its own particularity make the challenges to the traditional theory of contract law.Correspondingly, it also brings the influence to the solution of disputes in electronic transaction, which leads to the interests of the parties of the electronic contract can not be guaranteed, and ultimately will not be conducive to the development of electronic commerce.Based on the classification, form and characteristic of electronic contract, this paper analyzes the problems existing in the application of electronic contract. Firstly, the problem of electronic contract effectiveness in the identification and issues in terms of admissibility of evidence, which resulting by change in the form of electronic contract. At the same time, the issues of if the "link" information of the electronic contract and external evidence can be adopted, which is brought by the change of form. Secondly, the issues resulting in the identification of the meaning of the electronic declaration by the special nature of the transmission of electronic declaration, withdrawal, and the problem of the responsibility for the mistake brought by electronic declaration.The special problems of electronic signature, electronic authentication,brought by virtuality of electronic contract participants. Especially in the absence of electronic signature in the electronic contract, the validity of the electronic contract as the evidence.The article make electronic contract entered into in different ways as a clue,the foregoing problems are analyzed to explore the current common practice of the existence of these problems and legislative gaps.Reference to the United Nations Commission on International Trade Law "Model Law on Electronic Commerce," US "Uniform Computer Information Transactions Act", "Uniform Electronic Transactions Act" provisions,to consummate the electronic contract legislation from two aspects and put forward concrete suggestions.Thus helping to achieve the electronic contract practice regulate by legislation.