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Study On The Problems Of Application Of Laws In International E-commerce Contract

Posted on:2021-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2416330602477918Subject:International Law
Abstract/Summary:PDF Full Text Request
China will achieve full coverage of 5G mobile networks basically in 2020,and the development of mobile Internet technology makes the Internet of Things a normal.E-commerce represented by Alibaba and others has changed the production method and lifestyle of most people.It brings convenience to people's life and work.E-commerce has become the most dynamic economic development mode at present,and will continue to develop vigorously.This is gratifying.However,the long-term healthy and orderly development of e-commerce needs the support of a good legal environment and the perfect system and rules.E-commerce contract is the core of e-commerce transactions,and the good application rules of law in e-commerce contract is an important link to resolve e-commerce transaction disputes.The tradition application rules of law has been impacted and challenged by international e-commerce contract in different degrees at present.We need to explore this new thing further in the complex and changeable situation.Gradually optimize the application rules of law in international e-commerce contract from legislation and practice to promote the development of international e-commerce.What's more,expect to be able to contribute to the formulation of China's application rules of law in international e-commerce contract by analyzing the relevant legislation in this field in China.The article consists of four parts:The first part introduces the definition and basic legal characteristics of international e-commerce contract to pave the way for the subsequent writing of the article.The second part focuses on the application principles of international e-commerce contract,and discuss its particularity of application of laws in international e-commerce contract.Taking the legislation of the United States and the European Union as examples,it analyzes how the principle applied and interpreted by a judge and the feasibility of each principle in judicial practice combining with judicial practice cases.The third part analyzes the challenges that international e-commerce contract brings to the traditional application rules of law,including theform of the contract,the connection point,and the Applicable Law.It analyzes the application of laws in the form requirements of traditional contract starting from the formal elements of international e-commerce contract in the section on the challenge of the formal of the contract.It demonstrates from the subjective connection point and the objective connection point in the section on the challenge of the connection point.It is focuses on the "vacancy" of Applicable Law in the section on the challenge of the Applicable Law.The fourth part discusses the application of laws in e-commerce contract in China on the basis of the foregoing.It provides some suggestions for China to formulate application rules of law in international e-commerce contract from aspects of optimizing the Principle of Party Autonomy,enriching the Principle of Closest Connection,making up the Applicable Law and keeping apply the compulsory regulations starting with the legislative principles and legislative standards and the current status and deficiencies of legislation on the application of laws in international e-commerce contract in China.
Keywords/Search Tags:International e-commerce contracts, Principle of Party Autonomy, Principle of Closest Connection, Mandatory Provisions, Electronic commerce law
PDF Full Text Request
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