Study On The Problem Of Contractual Ability Of Minors In Electronic Contracts

The development of network technology brings about the prosperity of electronic commerce.The advantages of high efficiency and convenience of electronic transactions make people more and more inclined to use the network platform to purchase goods and services.More and more minors have joined the trend of electronic transactions.Unlike traditional transactions,electronic transactions have the characteristics of difficult identification,vague credit status and simple transaction mode.Minors can easily complete the conclusion of electronic contracts.Traditional civil law theory denies that minors have full civil capacity.The contracts concluded by minors are generally invalid or valid to be determined.The existing contract legislation and e-commerce legislation Reserve an unreasonable privilege for minors,which brings great uncertainty to the people who interact with them.The contradiction between the interests of minors and the interests of bona fide counterparts can not be effectively solved,which leads to a large number of contract disputes.If we continue to use the traditional civil law rules in the field of electronic contract,it is not conducive to safeguarding the personal interests of minors in electronic transactions,but also can not guarantee the trust interests of bona fide counterparts.Therefore,the behavior of minors entering into electronic contracts in China needs new legal regulations.This article will analyze the particularity of the behavior of minors to conclude electronic contracts,discuss the legal problems in the process of minors to conclude electronic contracts,and analyze the legislative advantages of the two legal systems in the way of comparative law research,trying to put forward legislative proposals to solve the problem.The first part starts with the basic concepts,and clearly expounds the concept of electronic contract,and emphasizes that this paper mainly studies the electronic contract concluded by minors based on data network,and analyses the characteristics of electronic contract compared with traditional contract.Define the concept of juvenile contracting capacity,and try to explain the basic theory behind it,and explain the necessity of studying the juvenile electronic contracting capacity.The second part introduces the existing relevant laws in China,analyses the defects of relevant laws,and clarifies the main problems existing in the existing legislation,such as not giving minors with no civil capacity a certain contracting capacity,not accurately defining the scope of relevant concepts,and the effectiveness of electronic contracts concluded by minors responding to fraudulent acts.The third part introduces the relevant laws of the major countries of the continental law system,such as Germany,France and the United Kingdom and the United States,and compares the legislative model,concept and technology.It also analyses the legislative advantages of the "necessities" theory and the "pocket money clause" and extracts the contents that can be used for reference in future legislation of our country.The fourth part puts forward some suggestions on how to regulate minors' contracting ability of electronic contracts in China from the aspects of legislative system construction,mode selection,framework design and concept establishment,and tries to formulate specific provisions for reference.