Research On Legal Issues Of Minors Concluding Electronic Contracts

The flourishing development of the fifth generation mobile communication technology and the widespread popularization of computer information technology have caused the traditional paper contracts to be greatly impacted by electronic contracts.An electronic contract refers to an agreement between equal civil subjects to establish,change,or terminate a civil rights and obligations relationship through electronic information networks and in the form of data messages.Because of its wide coverage,high inclusiveness,and ease of operation,it is increasingly accepted by large netizens.Although the electronic contract adapts to the development needs of modern society and saves transaction costs,because it is based on virtual network technology,the parties to the contract cannot know the identity information of the counterparty of the transaction,such as age.According to data from the "National Minor Internet Use Research Report" released by the Communist Youth League Central Committee,as of July 31,2018,the number of minors in China has reached 169 million,with a penetration rate of 93.7%,which is significantly higher than the national population in the same period.The penetration rate of the Internet,and the gap between urban and rural areas is small;therefore,the establishment of electronic contracts for minors whose thinking and cognitive abilities are still limited has generated many relevant emerging theories in the academic world.Involved,but related issues such as the contracting ability and contract effectiveness of minors' electronic contracts have not been perfected.Therefore,this article intends to start from the difference between electronic contracts and traditional contracts,analyze and solve various problems that occur in the process of minors entering into electronic contracts,and propose legislative suggestions,specifically:The first part is the introduction,which mainly introduces the research background,significance,research methods and related literature reviews of this thesis.The second part is to clarify the relevant theories,introduce the connection and differencebetween electronic contracts and traditional contracts,from which the characteristics of the electronic contracts of minors and their definition methods are introduced,and their basic concepts are explained.In the third part,it comprehensively analyzes several types of problems encountered by minors in the process of concluding electronic contracts,and elaborates the impact of network development on the civil capacity of minors.Economic development has made minors more and more independent,but their control over their own property is still limited by their immature mentality.This section comprehensively discusses minors in electronic contracts through the analysis of the two parties' ability to contract with minors.How to identify people,how to determine their effectiveness,and the regulation of minor contract fraud.Then analyzes the provisions of the two major legal systems on the conclusion of electronic contract systems for minors,and considers the special protection of minors' rights and interests in legislation in the world,with a view to analyzing the application of minors in China.How to regulate and bring experience and enlightenment to related issues in China.The fourth part,puts forward suggestions,after analyzing and summarizing the deficiencies of China's current related systems and advanced foreign policy measures,how should civil law further improve the civil capacity of minors,how to speed up the e-commerce legislative process,and establish and improve China Make recommendations on the characteristic socialist legal system.Only with the systematic development of China's laws,can minor laws related to the conclusion of electronic contracts be accelerated.