Research On The Legal System Of Contracting Capability Of Electronic Contract

With the development and popularization of the Internet,online e-commerce activities are becoming more and more active.From the initial B2C(Business-toconsumer transactions)with shopping as the main content to the online B2B(Business-to-business transactions)with regular trade as the main content,e-commerce is booming globally.In addition to the development and popularization of the Internet,which provides a convenient,low-cost information transmission tool for business activities,the universal application of electronic contracts has contributed.And the existence of the contracting ability of the electronic contract subject is related to the top priority of the contract.The contracting capability of the so-called electronic contract subject refers to the eligibility of the parties to the electronic contract to conclude and share the contractual rights and assume the contractual obligations through their own actions.Since the relationship between electronic contracts based on virtual network space is quite different from that of traditional contracts,there are many problems in practice and legislation that need to be solved.This paper attempts to discuss and study the issue of electronic contracts concluded by minors in the electronic contract due to the lack of capacity caused by the lack of capacity,and the use of fraud by minors.It is recommended to reasonably determine the validity of electronic contracting of minors.And distinguishing and acknowledging the electronic errors caused by the meaning of defect;in addition,by further improving the electronic signature and electronic certification body to ensure the electronic contracting ability of legal persons.This paper is divided into five parts.The first part introduces the background significance of the research,the research status at home and abroad,the research methods and research ideas of this paper,as well as the innovations and deficiencies of this paper.In the second part,the concept of electronic contract and the concept of contracting ability of the main body are introduced.Then,according to the particularity of the electronic contract,the challenge of the contracting capacity ofthe traditional contract subject is analyzed.In the third part,it mainly studies the relevant legal provisions of the contractual competence of the traditional contract field and the relevant legislative attempts in the field of electronic contract and analyzes the problems existing in the contracting capacity of the current electronic contract subjects in China.The fourth part discusses the legal system of the contracting capacity of foreign electronic contract subjects and its judicial practice.It mainly refers to the legal provisions of the civil law system and the common law system on the contracting capacity of electronic contract subjects and the specific operations in practice.In the fifth part,according to the problems raised in the previous article,it introduces in detail some shortcomings of China's law on the contracting capacity system of electronic contract subject and provides corresponding suggestions for improvement.