The Enlightenment Of United Nations Convention On The Use Of Electronic Communications In International Contracts On China Electronic Contract Legislation

With the extensive application of information network technology in international trade activities,the existing international legal norms have been unable to provide the legal protection for the security of electronic transactions and the interests of the relevant traders,and it is also likely to hinder the development of e-commerce.As a result,in 2002,the United Nations Commission on International Trade Law decided to draft an international convention on electronic contracts by its subordinate e-commerce working group.Then,after an in-depth discussion of six related meetings,the international legal document entitled “United Nations Convention on the Use of Electronic Communications in International Contracts”(hereinafter referred to as the “ECC”)was finally adopted by the United Nations General Assembly in 2005.Since the ECC is the first international legal norm on the field of e-commerce,it will also play a significant role in coordinating national laws and promoting international e-commerce exchanges.Therefore,it will also play an important role in coordinating national laws and promoting international e-commerce exchanges.Based on this,the thesis analyzes and compares the legal system of the ECC and the existing electronic contract in our country.And puts forward some solutions to how to perfect the system,principles and rules of our country’s electronic contract legislation,under the guidance of the ECC.The thesis is divided into the following three parts:The first part of the thesis explains the feasibility of our country’s electronic contract legislation to learn from ECC.From the legislative basis of ECC,the procedural and inclusive nature of ECC,the convergence of the legislation of the electronic contract to explore ECC can be used as a reference to our country’s electronic contract legislation.The second part of the thesis reads the principles and systems of ECC and the legislation of our country’s electronic contract.First,it introduces the principle of equality equivalence,the principle of technical neutrality and the principle of autonomy,that established in the ECC.It believes that our country’s electronic contract legislation in addition to learn from these basic principles,but also should take into account the principles of safety and other electronic contract legislation.Then,it analyzes some problems in our country’s electronic contract legislation,that should be paid attention.It is suggested that,our country should learn from the successful experience of international legislation,such as ECC,to perfect the legislative system in the field of electronic contract,on the basis of maintaining the existing legislative model of both.The third part of the thesis is the introduction of ECC and our country’s electronic contract legislation specific rules.It makes an in-depth comparison and analysis of the relevant provisions of ECC and the existing legislation of our country’s electronic contract through five aspects.The five aspects are the obstacle and elimination of formal elements,the determine of date message’s time and place,the legal requirements of an invitation to offer,the validity of the contract by automatic message system,the errors and handle of electronic contract.Then,the article specifically discussed how should we reference the provisions of ECC to develop specific rules for our country’s electronic contract legislation.