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Research On The Legal Issues Of Juvenile Electronic Contracts

Posted on:2020-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:M Z ZhangFull Text:PDF
GTID:2436330575459237Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the context of the information age,as the Internet penetration rate continues to decline in the age stage,electronic contracts are gradually entering the daily lives of minors.In practice,the phenomenon of juveniles using electronic networks to enter into electronic contracts is endless,and the social and legal problems caused by them are constantly exposed to the public.There are also differences between electronic contracts and traditional contracts based on the differences between online trading methods and traditional trading methods.Although China's legislation and theory on minors or electronic contracts are constantly improving,the research on combining the two is relatively rare.When minors are the subject of electronic contracts,they are innate.Insufficient capacity for civil conduct,coupled with a lack of corresponding legal regulations,can easily trigger conflicts in the validity of minors signing electronic contracts and stimulate social conflicts.In the context of the increasing popularity of online transactions,this article takes the formal implementation of the "E-commerce Law" as an opportunity to use minors as the main body of electronic contract signing.Based on the understanding of legislation and theory,this paper analyzes the electronics of minors.The basic legal connotation of the contract,clarifying its characteristics and classification,combining the current status and predicament of the current electronic contract of minors in China,and drawing on the excellent legislation and technical experience of the developed countries,and then applying it to judicial practice,from access,legislation,Process,platform,and relief to solve problems in multiple dimensions,in order to make targeted suggestions on the problems encountered by China's current minor electronic contract.In addition to the introduction,the main content of this paper is divided into four chapters:The introductory part first explains the background and significance of the topic,and explains the importance of minors as the main body of electronic contract for legal protection.Secondly,it summarizes the current domestic and foreign research status of minor electronic contracts.Finally,the research methods of the thesis Explain the innovations and deficiencies.The first chapter is the theory of minor electronic contract.This part takes the impact of the network environment on the contract as the entry point,clarifies the particularity of the electronic contract,and combines the classification of the electronic contract,and then analyzes the characteristics of the electronic contract of the minor in the actual development to clarify the basis of the electronic contract of the minor.concept.The second chapter is about the problems of electronic contracts for minors in China.This section selects representative cases from practice to conduct research.According to the two-dimensional dimension of law and technology,it summarizes the existence of minors' abilityto contract minors in the conclusion of electronic contracts,and the effectiveness of minor electronic contracts is to be determined.There are fraudulent situations,difficulties in identifying minors,and lack of responsibility for network platforms.The third chapter is the legislation on electronic contract of minors outside the territory.This section analyzes the legislative status of the developed countries,Japan,Europe,etc.Experience and summary can be relevant references adopted by China.The fourth chapter is to improve the recommendations of the electronic contract for minors in China.On the basis of combining the problems existing in China,this chapter absorbs the legislative experience that foreign countries can learn from,and relies on the national conditions,from the access,legislation,process,platform,relief and other links to the layers,interlocking,and three-dimensional perfection.The law applicable to the electronic contract of minors in China.
Keywords/Search Tags:Minor electronic contract, Identification, Contracting capacity, Fraud, Platform responsibilit
PDF Full Text Request
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