Study On The Problems Of Minors Concluding Electronic Contract

Nowadays,the fast popularization of the Internet has caused great impact on the traditional contract.More and more people pursuing high efficiency and convenience are beginning to accept electronic contract.Electronic contract is a kind of contract that the parties concluded through the Internet in the form of date message.Just the same as traditional contract, it also has legal effect.Although the emergence of the electronic contract has saved a large amount of transaction costs, it is more likely to cause various types of frauds and disputes because of the fact that the parties conclude the contracts on the Internet without confirming the identity information of the other face to face. In this paper, we focus on the electronic contract.Because of the particularity of identity, minors' contracting ability is different from adults,and so is the validity of the contract. The relevant legislation about the electronic contract is not perfect in China and there is not much study on the electronic contract concluded by minors.so in this paper, we try to study the various kinds of problems appearing in the process of contracting contracts by minors and give some advice on the relevant legislation according to the particularity of the minors' contracts.This paper is composed of five parts. The first part introduces the background of this topic,the current study about the legislature and the relevant issues.The second part firstly introduces the concept of the electronic contract and the differences between traditional contract and electronic contract.Then focus on the concept of electronic contract concluded by minors and how to define it. In the three part,the problems arising in the process of concluding electronic contracts by minors are discussed,including the difficulties of identifying the minors' information and the difficulties of confirming the validity of the contracts concluded by minors.The forth part study the minors' ability to conclude electronic contract.Firstly,we introduce and compare the relevant legislatures and provisions about the minors' contracting ability in the continental law system and the Anglo-American law system.Then analyzes the modern Internet's impact on the traditional way of concluding contracts.Lastly discusses the academic world's studies on the application of the system of minors' contracting ability in the electronic contract.The fifth part thoroughly analyzes the deficiencies existing in the law system of minors' ability to conclude electronic contract and gives some suggestions to make it more perfect.