Research On Issues Related To The Mistake Of Intention In The Electronic Transactions

As a new electronic trading transaction, although it agrees with the traditional trade in essence, still has great impact on the legal system of regulating traditional trade. At present,in China, there is no specific legislation to regulate electronic transactions expcept the People’s Republic of China Electronic Signature Law(hereinafter referred to as:Electronic Signature Act). Furthermore, the existing laws for the regulation of electronic transactions are decentralized, and the provision for the errors of the expression in the electronic transactions are even fewer. Causes and responsibility for errors of expression in electronic transactions assume a far cry from the traditional civil law theory and regulations. In electronic trading practice, expression errors caused by subjects concentrated in the natural and the automated message systems. By analyzing the provisions and practices related to electronic trading of foreign law, the provisions for the Improvement of the contracting natural ability and the automated message system cannot be delayed. For disputes caused by the ambiguous distinction between electronic offer and invitation occur frequently, they two should be distinguished clearly macroscopically and microscopically. Wrong intention in electronic transactions can be withdrawal, but there are certain restrictions. China should improve the relevant provisions of the trading mistakes in transactions revocation and withdrawal.In theory and legialation, system shoule be improved through acknowledgment of receipt of data messages, electronic transactions specified in the contract or the terms of the format and other electronic transactions as much as possible to avoid errors resulting intention dispute.