| Electronic contract in China,regardless of the current provisions of the relevant laws and regulations and the practice of the use of promotion,has achieved relatively rapid development results,but with the current relevant legal normative documents and practical application,is surviving more problems to be resolved.Because electronic contract is not only different from the traditional paper contract,but also there’s not domestic electronic contract of the special legislation,and the existing legal norms are mainly based on foreign experiences in the relevant legislation which is based on China’s national conditions,that is gradually improving.This paper uses the comparative analysis method to compare with the traditional paper contract,and analyzes the existing problems of the electronic contract in the comparative analysis of the relevant experience from foreign legislation.The problem of electronic contract can be combined from the two aspects of the establishment and validity of the decision,which is dynamic and static combination of comprehensive analysis to conclude:need to establish the main identity that is difficult to confirm.Need to strengthen the third party service platform to inform the provisions of the information to make up;Electronic error problems that there are currently gaps in legislation,we should improve the automatic trading system of electronic errors in the legislative provisions;unified the establishment of electronic contract rules to reduce the judge’s legal application difficulties.At the same time,the third party service platform should strengthen the internal and external legal supervision,flexible provisions of the parties to the electronic contract on the original requirements is needed to improve the effectiveness of the electronic contract to determine the existence of the elements of the problem.This paper analyzes the relevant problems in the process of establishing and validating the electronic contract,and is rooted in the relevant legislation on the increasing number of electronic contracts,so to develop a problem-oriented approach to the current development of our country.This is the way of electronic contract and traditional paper.The difference between the contract and the innovation of the article.Only by gradually solving the problems existing in the theory and practice of our country’s electronic contract can we realize the healthy development of our country’s electronic contract better,the aim is at its own national conditions and makes up the shortcomings,so that the relevant provisions not only have their own characteristics,To promote the development of transnational trade which is laying the foundation. |
