What Are The Characteristics Of Electronic Contracts?

　　 Summary

With the development of electronic technology, Electronic contract Although it can also transmit information through electronic pulses, it is not just a piece of paper as the original evidence, but a set of electronic information. Electronic contract, also known as electronic commerce contract, is based on the electronic commerce law of the United Nations Commission on international trade law, as well as the electronic transactions law promulgated by various countries. At the same time, combined with the relevant provisions of China's contract law, the electronic contract can be defined as: an electronic contract is an agreement to establish, change or terminate the property rights and obligations relationship between the parties or the parties through electronic information network in the form of electronic. Through the above definition, we can see that the electronic contract is an electronic contract, which mainly refers to a clear relationship between the parties' rights and obligations signed by the parties in the form of data message and e-mail in order to achieve certain purposes under the network conditions. Electronic protocol 。

EDI and E-mail are the basic forms of electronic contracts. Both of them have a place in e-commerce activities with their respective characteristics and advantages. There are significant differences between electronic contracts and traditional contracts. The parties, offers, commitments and validity of contracts in electronic contracts are a difficult point in modern legislation.

　　 Features

1, electronic contract is a kind of civil juristic act.

The civil legal act of electronic contract is the legal act of the two parties or the civil subjects of many parties. The purpose of establishing, changing or terminating property rights and obligations is by electronic means. The contract signed between the parties is the electronic form of contract and a new form of agreement. According to the relevant provisions of the model law of electronic commerce, electronic contracts are agreements for the purpose of property. The Model Law lists a large number of commercial relationships.

2. The virtualization and generalization of the main body of electronic contract transaction.

The whole process of electronic contract signing is in electronic form, through e-mail, EDI and other ways to negotiate, sign and perform electronic contracts. Such a contract greatly saves transaction costs and improves economic efficiency. The main body of electronic contract transaction can be any natural person and legal person in the global village and its related organizations. Of course, this kind of transaction needs to provide a series of supporting measures, such as establishing a credit system, so that the counterpart of the transaction can know the credit condition of the other party before the transaction. In the globalization of the world economy, the credit rights and interests will become an intangible property.

3, the electronic contract has the characteristics of technology and standardization.

Electronic contracts are carried out through computer networks. They are different from traditional contracts. The whole transaction process of electronic contracts requires a series of international and domestic technical standards to be standardized, such as electronic signature, electronic authentication and so on. These specific standards are the basis for the existence of electronic contracts. If there is no relevant technology and standard, electronic contracts can not be realized and exist.

4. Electronic contract signing.

China's "contract law" stipulates that the conclusion of a contract requires two processes, namely, offer and commitment. Electronic contracts also need these elements. The traditional contract offer and commitment are different from the electronic contract. The contract and promise in the electronic contract can be completed in electronic form. It mainly inputs the relevant information in line with the pre-set procedure, and the computer can make corresponding declaration automatically.

5. Electronic expression of intention in electronic contract.

The electronization of intention means an act of expressing one's wishes through the relevant electronic way in the process of concluding a contract. The electronic commerce demonstration law refers to the meaning of electronic data as "data message".