Civil Law Regulation Of The Error In Electronic Transaction

The theory of error in civil area has always been sufficiently taken into account and discussed by civil law scholars.In the era of informatization,the application of the theory exists not only in the area of traditional paper contract,but also extending into the field of electronic transaction.Because of the rapid development of electronic commerce and the nature in law which is always lagging behind the social development,the error in electronic transaction has been occurred frequently in business practice,but there are many problems and differences in treating and solving the problem.It is also relatively deficient discussed on the theory,thus this article attends to analyze and research the relative appeared or possible be appeared problems in electronic transaction.I really hope this article can start a discussion about the error in electronic transaction,and bring to the attention to the person concerned,who will attach great importance and do some research.The main methods in this article are documentary research,comparative analysis,historical study and so on.then the article systematically analyzes and demonstrates the basic theory and civil remedy approaches of the error in electronic transaction.This article mainly divides into three parts including the introduction,test(five parts)and epilogue:The introduction is mainly about the current situation of the development of the internet and some kinds of real-life cases of the error in electronic transaction,then basing on this background and entry point to lead to the text.The first part of the body mainly clarifies the connotation and extension of the error in electronic transaction via unscrambling some regulations at home and aboard so as to lay a foundation for the whole thesis.And mainly through the comparison of the regulations of the errors in electronic transaction in American,Canada,the UN,and “UNCITRAL Model law on Electronic Commerce”,in order to explore the connotation and extension of the error in electronic transaction.Through the demarcation of the error in electronic transaction in the first part,the second part is mainly about the relative analysis between the errors in traditional paper contract and electronic transaction,then concluding the distinctiveness about the errors in electronic transaction.When having a clearer picture of the error in electronic transaction,the third part tries to make classified research in the existed and divinable error in electronic transaction,by the way there are some responsibilities-clarified during the classification.During this period,we can find a kind of error in electronic transaction cannot be included into any part,which is the error due to the system of automatic message,so it sets to be a independent bar.The fourth part tries to find the application of law of the errors in electronic transaction through the comparison of that error and the Significant Misconception System,also tends to analyze whether the error in electronic transaction can apply this institution to lay a foundation for applying cancellation right.The fifth part is about the civil remedy approaches of the error in electronic transaction by summarizing the part four,and trying to put forward some opinions and advices by expounding legislative selection and legislative principles,including application of the cancellation right when the error in electronic transaction is due to declaration of will and identification and distribution of liability in other cases.The epilogue is the summary and generalization of this paper about the error in electronic transaction,and put forward that many cases and facts due to the error in electronic transaction exist in real life.But we find that the present law as “Law of Contract”,“Electronic Signature Act”,“Consumer Protection Law” cannot satisfy the increasingly complicated disputes of the errors in electronic transaction,so under the circumstances,this article is aimed at bringing the attention to academia and judicial circles,and expect to refine the law,or issue more specific judicial interpretation,even issue line special law.