Dissertation > Political, legal > Legal > Chinese law > Economic Law

A number of legal issues in the e-commerce environment

Author LiuXiaoYing
Tutor ShiXiaoLi
School China University of Political Science
Course Legal
Keywords E-commerce environment Legal issues Model Law on Electronic Commerce Electronic contracts Data messages Writing United Nations Commission on International Trade Law Electronic Bills of Lading E-Commerce Law E-commerce applications
CLC D922.29
Type Master's thesis
Year 2001
Downloads 438
Quotes 3
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In recent years, e-commerce in the field of international trade has increasingly shown its role in international trade, the way a major change. Many of the existing legal provisions are applicable to traditional trade, e-commerce for international trade, generate many new legal issues, such as electronic evidence, electronic contracts, electronic bill of lading, electronic instruments, electronic insurance policy, electronic arbitration agreement, electronic customs documents, electronic signatures, such as the legality of these issues involve many legal departments, and with the current relevant laws conflict, as most of the existing law provisions of the original bill of lading delivery, paperless electronic bills of lading, and applies only to paper documents of legal norms is difficult to adjust the electronic bill of lading, whether they have a written form of electronic contract requirements, and so on. Therefore, to analyze and solve these problems is task of jurisprudence unavoidable. This paper argues that the legal problems caused by the e-commerce its traditional law and how to accept e-commerce, rather than completely to create a new set of laws. At the same time, including special specification and protection of the law for this new means or transaction channels. \bill of lading, and electronic payment. The first part of the e-commerce legal connotation, mainly to explore the basic theoretical issues of e-commerce. Only a correct understanding of the basic theory of the e-commerce, to conduct in-depth research. First, the e-commerce takes. Practice, e-commerce has said the broad and narrow. Broad e-commerce refers to all means electronic technology, and business-related activities. Here electronic technical means is an open concept, including but not limited to the electronic communication and computer technologies. This paper adopted the narrow sense of the e-business point of view, that e-commerce is based on the activities of commercial transactions conducted on the Internet-based computer network. From traditional business to e-commerce development, we can say that the rapid development of modern electronic information technology has laid the basis of e-commerce, Internet e-commerce has been a qualitative leap, which IT service industry rapid development provide technical support for the realization of e-commerce. As e-commerce open, international, global companies are involved in the international market use and the development of e-commerce in order to carry out the global business. Therefore, this paper also discusses the application of e-commerce in international trade. E-commerce to the main processes all import and export goods, such as market research, international marketing, warehousing, customs clearance, commodity inspection, pay into lt; WP = gt; computer network to accelerate the rhythm of international trade, thereby increasing the international The trading volume of trade. At the same time, the service trade, technology trade and invisible trade provides a broad space for development. Countries existing laws are to adapt traditional trade, e-commerce applications, has brought many new legal issues, and should therefore be to make corresponding adjustments and changes in trade legislation. Paper and e-commerce domestic and international legislation carried out a comparative study. The article refers to the e-commerce law is to adjust the system of norms of the commercial relationship is formed as a means of exchange of data messages to the transaction in the form. The data message is \E-commerce legislation has the international community concerned, the cornerstone of the international and domestic legislation called the e-commerce and the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law in 1996. Can be seen through a comparative study, the specification of the content of the transactions to electronic information, and can not include in a unified e-commerce Code, specifically difficult to operate. Therefore, the United Nations and other countries, \Currently, e-commerce legislation mainly related to market access, e-commerce contract is established with the entry into force of security and confidentiality, tariffs and taxes, intellectual property, privacy, electronic payment and other aspects of the problem. This article mainly discusses the electronic contracts, electronic bills of lading and paid the second part of the \International legislation of the relevant legislation to compare the study, from the overview of electronic contracts, the contradiction of the traditional writing system and data messages to develop the three aspects of the legal issues involved in the electronic contract to start on. First, electronic contracts overview. Generalized electronic contract is a contract drawn up in the form of a data message. This article refers to the narrow electronic contract refers to digitizing paper contract dedicated EDI system or data message reached the public Internet environment. E-commerce under the conditions, rights and obligations of buyers and sellers in nature does not change, just assume the obligations and the carrier is different. For example, the seller filed electronic documents, instead of the traditional paper-based documents. The buyer usually pay by credit card, electronic digital currency, unlike traditional payment methods. Entered into a contractual relationship between the trading partners in the negotiations, many uncertain things encountered in the use of electronic means, such as in the form of electronic contract, offer and acceptance, with different contract law under the traditional paper-trade. These changes come into conflict with the existing contract law. Therefore, the second explores the contradictions of traditional writing system and data messages. Can electronic contracts as writing it? At present, the common practice in the international expansion of the legal definition of the term \The United Nations Commission on International Trade Law called lt; WP = 4 gt; \China's new contract law is to take this approach. This paper argues that the data message itself, can not be completely the same as a written document, it may not be able to play the full functionality of a written document. As long as the data message retrieval and to prepare for subsequent use, and can be considered to meet the request in writing, have the force of law and enforcement force. This article explores the legal issues involved in the formulating electronic contracts are as follows: Electronic Contract into force

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