Research On Legal Issues Of Electronic Commerce Contract

In recent years,China's economic and industrial development is advancing by leaps and bounds.With the advent of the "Internet +" era and the popularity of computers,mobile phones and other electronic devices,e-commerce,a new industrial model,has developed rapidly and entered thousands of households,which is closely related to our daily life.For example,we often use Taobao,Vipshop,iReader,Alipay,Mobike and other website or mobile APP,cycling,shopping,read a book,or payments for these are the models of the current e-commerce platform,they brought infinite convenience to our life,and changing our life in the osmosis model,and it also posed a challenge to our market order.As e-commerce industry electronic commerce contract mode activity transaction credentials,the most important thing in this means e-commerce contracts in e-commerce activities is a necessary its key trading links,electronic commerce contract decides the e-commerce activities of each operators,consumers' rights and obligations,relations with each operator and the personal rights and interests of consumers.However,since the signing of e-commerce contracts is in a virtual space environment,the identity of each participant is ambiguous,and all contents are presented in an electronic way.All these uncertainties bring great risks to e-commerce contracts.At present,there is a relative lack of legal norms on e-commerce contracts in China.The legal regulations on e-commerce contracts are mainly regulated by the contract law implemented in 1999,the electronic signature law enacted in 2004 and the newly issued e-commerce law in 2018.The value and significance of e-commerce contract is self-evident,but at present,China's e-commerce market is in the midst of the abnormal prosperity but extremely unstable situation,so do not underestimate the problem of the dispute,the dispute more easily lead to electronic commerce economic order confusion,may also affect the social economic development and harmonious and stable,so we must face up to the electronic commerce contract in the current economic situation of the present legal problems.This article from the essential characteristics of the electronic business contract,therelated classification,the e-commerce contract conclude,effectiveness and a series of legal problems involved in the study,study reference to foreign advanced legislation experience,the e-commerce contract,to perfect the specific issues involved in the relevant legislative Suggestions on our country's electronic business contract,in order to build perfect law system,electronic commerce contract better security of e-commerce,the signing of the contract or to maintain the good electronic commerce management order,for our country's socialist rule of law system construction advice.This paper is divided into six parts.The first part is the introduction,which introduces the research background and significance of this topic.Combined with the relevant viewpoints and current situation of different scholars at home and abroad,it briefly describes the research methods of this topic and the innovation of this paper.The second part from the overview of e-business contract to electronic commerce contract on its environment and virtual sex of the parties,related contents form of electronic contract,contract dispute,the complexity of the three major characteristics is analyzed,and main body status,according to the contract concluded form such as the point of different classified for e-commerce contract;The third part studies the subject,procedure and establishment of e-commerce contract,including subject identification,subject contracting ability,commitment,invitation,establishment requirements,establishment time and place,etc.The fourth part studies the behavioral validity of special subjects and content validity of special contracts,including the validity of e-commerce contracts signed by electronic agents and minors,as well as the validity of standard clauses and electronic signatures in e-commerce contracts.The fifth part of the United Nations,the United States,the European Union and other advanced countries or organizations on the legislation of e-commerce contract norms are analyzed and studied,and the comparative study of their advanced legislative experience on China's reference significance;The sixth part is the last part of the complete system of electronic commerce contract legal system building,not only for the third and fourth chapter puts forward the specific problems of e-commerce contract provisions of repair,also in perfecting our country's current e-commerce law about e-commerce recommendation,stipulated in the contract to theelectronic commerce contract in the form of a famous contract in civil contract made up of imagination and Suggestions are put forward.