Research On The Wrong Cancellation System Of E-commerce Contract

Nowadays,using the system to complete the transaction has become a part of people's daily life,the rise of e-commerce makes electronic trading becoming more common,but at the same time,in the rapid development of e-commerce,there're more and more problems in judicial practice,the traditional rules of civil and commercial law has been difficult to completely reasonable apply in the field of the development of the electricity.In the process of the conclusion of e-commerce contracts,the inconsistency between the objective expression of the ideosignor and the inner meaning occurs from time to time.If the particularity of e-commerce contracts is not taken into account,it will be conducive to China's e-commerce to long-term development if we often use traditional way simply to solve the problem of man-made or electrical system in electronic trading.For example,when the error occurs in the e-business contract,can the e-business contract be revoked and how to cancel?If automatic electronic system processing violated the real intention of the parties,then the owner or controller whether to take this responsibility? Since China has not yet established a complete system of expression of will,for such e-commerce contracts with wrong expression of will,China usually adopts the revocation method with no difference from traditional contracts and fails to take into account the particularity of e-commerce contracts,so the rights and interests of the parties cannot be fully protected.The e-commerce law of the People's Republic of China(hereinafter referred to as the "e-commerce law")newly issued in 2019 contains general provisions on the conclusion and performance of e-commerce contracts,the effectiveness of electronic offers,the behavioral capacity of e-commerce parties and the content of e-commerce standard contracts,which is a historic step in China's e-commerce legislation.The Electronic commerce law is a big step forward in the development of our country law,but in this paper,the e-commerce law provisions are still carried out in accordance with the intention of the mistakes in traditional contract law regulation,the author thinks that there can be discussion,negotiable space.The difference between e-commerce contract and traditional contract should not be ignored,and the bearing of adverse legal consequences caused by wrong electronic expression of will needs normative guidance,only in this way can we solve the problem that the interests of the parties involved in many wrong e-commerce contracts cannot be fully guaranteed injudicial practice.Therefore,this paper aims to analyze the wrong revocation rules of e-commerce contracts by comparing traditional rules with current theories.This paper focuses on the problems existing in the system of wrong revocation of e-commerce contracts in China's legislation and judicature.Firstly,it discusses the definition of e-commerce contracts and wrong revocation of e-commerce contracts,expounds the basic types of e-commerce contract errors,and highlights the research purpose and significance of this paper by discussing the differences between e-commerce contract errors and traditional contract errors,as well as the necessity of improving China's e-commerce contract error revocation rules.Secondly,the revocation of e-commerce contract errors is analyzed,and the difficulties and limitations of the revocation of e-commerce contract errors in theory and practice are analyzed in combination with China's e-commerce law.Then through the analysis of foreign wrong e-commerce contract revocation system to provide some reference ideas for China's wrong e-commerce contract revocation rules;Finally,based on the legal environment faced by China's e-commerce contract wrongful revocation right and foreign legislative experience,this paper focuses on the analysis of the applicable rules of China's e-commerce contract wrongful revocation right,in order to promote the reasonable solution of this problem in China's justice,and to create a better development environment for e-commerce activities.