Research On Issues Related To The Mistake Of Declaration Of Will Of Data Message

With the comprehensive popularization of Internet technology,the meaning of data message has been developed rapidly due to its long-distance convenience and low cost compared with traditional meaning.Similar to the traditional meaning representation,there are also situations in which the inner meaning of the data message does not match the actual representation behavior expressed externally,and errors occur in the meaning representation of the data message.In order to better promote the development of the digital and information age,it is very necessary to solve the problem of incorrect expression of meaning in the form of data messages.In particular,the expression of meaning involving electronic transactions is closely related to the new economic form.In the context of the normalization of the prevention and control of the new crown epidemic,it is of great significance to the sustainable development of the economy.The core of electronic transactions is the meaning of data messages.In the process of electronic transactions,it is inevitable that there will be errors in meaning expression.Therefore,this article takes the angle of meaning expression error as the core point,explains the current legislative provisions,and compares my country ’ s current laws with major international legislative examples,and then perfects the rules for the meaning of data messages in my country,with a view to constructing Chinese data The meaning of the message indicates the wrong system of civil law rules.The first part gives a general overview of the error of the meaning of the data message.First,it is decomposed into the two concepts of data message and meaning expression error.It is believed that the definition of data message should be understood in a broad sense and the constituent elements of the meaning expression of data message should be discussed under the framework of the four-element theory;secondly,Clarified the definition of the meaning of data messages,and divided their types into human errors and automatic information system errors.Finally,the difference between the meaning of data messages and the errors of traditional meanings was deeply studied,and the behaviors were put forward.The carrier,the cause of occurrence,the attribution of responsibility and the boundary of relief are different,which further reflects the particularity of the error in the meaning of the data message.The second part puts forward the principles and specific standards for determining the meaning of the data message.It believes that the original data message should be used as the basis for the determination,and the interpretation rules of the meaning should be used as the method to determine the authenticity and completeness of the content,and specific analysis should be made.The application of lack of behavior,meaning,effect,and behavior in determining the meaning of data messages is wrong.The third part analyzes the application of corresponding remedies such as the exercise of the right of withdrawal and the exercise of the right of revocation for major misunderstandings in the meaning of data messages.It is believed that the fast transmission speed and lack of time difference are not the reasons why the right of withdrawal cannot be applied.When the meaning of the data message is wrong,it is not reasonable to simply apply the traditional major misunderstanding to exercise the right of revocation.More detailed preconditions and substantive conditions need to be attached to make the exercise of the right of revocation more scientific.The fourth part is based on the current status of legislation and practice of data message intention expression errors in my country,and proposes that the concept and types of errors should be clarified,the prevention mechanism for data message intention expression errors should be established,and the remedies for data message intention expression errors should be improved,including the addition of Suggestions on the obligatory provisions of the ideographic subject and the data message platform,fixing electronic evidence in advance,setting up a third-party mediation agency,and providing opportunities to correct errors.