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The Study On Functional Equivalence Of E-commerce Legislation In UNCITRAL

Posted on:2020-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiuFull Text:PDF
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In a modern commercial society,E-commerce is obviously the most efficient and convenient way to trade.It has brought a huge impact and challenge to traditional e-commerce and its related law.As such,electronic commercial law arises.And the legal method which named functional equivalent principles simultaneously has yet to come.It's one of the most core methods of legislation in the field of e-commerce.And it's one of the three principles of e-commerce legislation which solves the difficulty that bridges against the traditional way of business and the contemporary e-commerce in dealing with issues like writing,signature,originals,etc.Functional equivalence method has been widely adopted and used around the world.The feasibility and effectiveness of the operation are worth studying.Now current perspectives on the study of the functional equivalent method in e-commerce law are mostly theoretical reasoning,but without detailed legislative theories to prove and to argue why it's an ideal method for the legislation on e-commerce.The innovation of this paper is to enumerate in detail and summary the key evidence that has made in meetings of UNCITRAL in e-commerce legislative activities,and to analyze the advantages and disadvantages of this legislative technology with reasonable results.This paper puts the application of functional equivalence method which practices in e-commerce legislation of the United Nations Commission on International Trade Law(UNCITRAL)as the research topic.Starting from the legislative documents in UNCITRAL related to e-commerce,the paper deeply analyzes all the meeting records formulated in the legislative process in this field.As a legislative technique,functional equivalence method has its advantages and disadvantages.Based on the analysis of the current practices of functional equivalence method,it is only a legislative technique to regulate the formal rules of e-commerce and should not replace the substantive legislation.At the same time,the legislative technology is only a kind of cohesive legislative technology,which temporarily relieves the transformation of the business environment from the traditional paper to the data communication.
Keywords/Search Tags:UNCITRAL, E-commerce, Legislative techniques, Functional equivalence
PDF Full Text Request
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