The Study On The Establishment Of Electronic Contracts

The development of the Internet is very rapid,and has affected many aspects of social life.The development of e-commerce has become a new bright spot in China's economic development.Therefore,as a very active field,electronic commerce will generate many disputes and problems.Internet is the basis of electronic contract.The electronic contract has caused a certain impact on the original contract law.In order to adapt to the development of Internet transactions,our legislature has made many efforts,such as the Law of the People's Republic of China on Electronic Signature,which came into effect on April 1,2005,the General Principles of the Civil Law of the People's Republic of China,which came into effect on October 1,2017,and the Law of the People's Republic of China on Electronic Commerce,which came into effect on January 1,2019.However,the provisions of the above-mentioned laws on electronic contracts are relatively scattered,and there are many shortcomings,which cannot meet the needs of judicial practice.This article recombs the original contract law of our country,such as the principle of equality of contract subjects,the system of reaching agreement on contracts,the format clauses of electronic contracts and so on.The introduction mainly elaborates the social background of choosing this topic.Through the background and legislative status of electronic contract,the author discusses the purpose of the study of electronic contract.The second chapter focuses on the concept of electronic contract and summarizes their characteristics,and classifies and discusses electronic contract,hoping to better grasp the essence of electronic contract.The next three chapters discuss various issues of electronic contract from the perspectives of the subject,the expression of intention and the content of the contract,with the clue of "the elements of contract formation" in the traditional contract law.The article mainly studies the background of the prosperity of the Internet and the widespread application of electronic contracts.Based on the current situation of legislation in China,it puts forward some suggestions and solutions to the problems of the above-mentioned electronic contracts.