Interpreting The Written Form Of Contract?

Through the computer network system, contracts have been developed rapidly in recent years. China has also appeared online pactions and developed rapidly.

Through the computer network system contract, the main form is electronic data interchange (ElectronicDataInter-change, EDI for short) and e-mail (e-mail in short).

E-mail (e-mail), also known as e-mail, is almost the same as we usually send letters. In general, we send letters to people's mailboxes, postal systems pick up, pport, deliver, and deliver letters to recipients.

The difference is that the pmission of e-mail is done through an electronic computer system.

It requires both the sender and the receiver to have a computer terminal, which is connected to and registered with the computer network system. The network system assigns a letter box to each registered user, that is, delimit the area in the storage space of the computer and determine the corresponding user name and password, so that the user can open the mailbox at any time and anywhere through the computer to write and send letters.

The mail in the e-mail system is different from the traditional letters. It is an electronic mail. Its contents can be text files, data files, fax, voice and image files.

E-mail is a new fast and economical way of information exchange. It is an important means to realize office automation. It can be used not only for communication between individuals and offices, but also for various trade activities.

Electronic data interchange (EDI), also known as "electronic data communication", is an electronic means to trade orders, invoices and other commercial documents between companies and enterprises.

Through the computer communication network, it will trade, pport, insurance, banking and customs industry information, with an internationally recognized standard format, complete the data exchange and processing between the relevant departments or companies and enterprises, so as to realize the whole process of trade centered.

Electronic data interchange began in Europe and the United States in 60s.

The early EDI was only achieved through direct communication between two business partners. In 70s, digital communication technology accelerated the maturity and application scope of EDI technology, and a cross industry EDI system emerged.

The internationalization of the EDI standard in 80s enabled its application to enter a new stage of development.

EDI is a new electronic trade tool. It is a product of the combination of computer, communication and modern management technology.

The international organization for standardization describes it as "forming a structured paction processing or information data format based on a common recognition standard for trade or administrative affairs, and electronic pmission from computer to computer."

A general paction is made by an order from the buyer to the seller. The seller delivers the goods according to the order. The buyer sends the check to the seller after receipt of the goods and the invoice and sells the goods to the bank for cash.

The process of EDI is: when the enterprise receives the EDI order, the EDI system will automatically process the order, check the order to meet the requirements, inform the production arrangement, order the spare parts to the supplier, reserve the container to the pportation department, apply for the license to the customs, commodity inspection and other departments, know the bank and issue the EDI invoice to the ordering party, apply the insurance policy to the insurance company, and so on, so that the whole paction process can be accurately completed in the shortest time.

In 1984, the seventeenth session of the United Nations Commission on international trade law began the study of electronic data and began drafting the draft law.

It turned out to be EDI. Later, it was thought that only EDI was too narrow, because contracts were signed through computers or other similar ways, as well as e-mail and computer fax.

In 1995, at the twenty-eighth session of the United Nations Commission on international trade law, the draft electronic commerce model law was formulated. The draft only provides for the first part of the contents of the "general principles of electronic commerce". It seeks advice and continues to work, adding second parts to the "specific areas of electronic commerce". The twenty-ninth session of the United Nations Commission on international trade law adopted the June 1996 Model Law on electronic commerce of the Trade Law Commission, and issued a guide for the model law in December of the same year.

The model law calls electronic trade "electronic commerce". It refers to various means of pmitting information electronically, called "data message", which refers to "information generated, stored or pmitted through electronic means, optical means or similar means. These include, but are not limited to, electronic data interchange (EDI), e-mail, telegram, telex or facsimile".

The model law provides for the related issues of electronic contracts. The core contents are: 1. Confirm the validity of electronic contracts.

The fifth "legal recognition of data messages" stipulates that the legal validity, validity or enforceability of a data message should not be negated on the grounds of the use of a data message.

The eleventh provision of "contract making and validity" stipulates that an offer and promise to an offer can be expressed by means of data message unless the parties have agreed otherwise.

If a data message is used to enter into a contract, the validity or enforceability of the contract shall not be negated solely on the basis of the use of the data message.

Two, determine that electronic contracts comply with the requirements of the law for writing, signing, and originals.

1. the question of "written" requirement by law.

The sixth rule provides that if the information contained in a data message can be retrieved for future use, it will meet the requirements of the law for "written".

2. the question of "signature" required by law: the seventh provides that if a reliable method is used to identify someone's identity and indicate that the person has recognized the information contained in the data message, it satisfies the requirement of the law for "signature".

3. the question of the requirements of the "original" by the law.

The eighth stipulates that if the information is reliably guaranteed to be formed in the final form and maintains integrity for the first time, the information can be displayed at the same time, which satisfies the requirements of the law to the "original".

Three, confirm the evidence validity of electronic contract.

The ninth rule stipulates that in any legal action, the application of evidence rules in any respect shall not negate the acceptability of a data message as evidence on the grounds that it is merely a data message or is not the original one.

For information in the form of data message, the evidence should be given.

When evaluating the power of proof of a data message, the reliability of the method for generating, storing or pmitting the data message should be taken into consideration, the reliability of the way to maintain information integrity, the way to identify the sender, and any other related factors.

The major countries in the world are facing the conflict between traditional contract law and electronic commerce contract.

For example, the evidence law of civil procedure in 1968 stipulates that first hand hearsay in civil litigation can be collected, and computer output data can also be used as evidence.

In 1979, the banking law expressly acknowledged the data stored in electronic form.

The US case law recognizes business records as exceptions to hearsay evidence, which is adopted only in the normal business and completed at the same time or later. This practice has been adopted by the uniform evidence rules.

The United States Federal litigation rules also stipulate that this exception applies to data stored in any form, including computer stored data, of course.

In England and America, case law also allows parties to use pcripts to prove the contents of the original.

The British civil procedure evidence law also provides a copy of computer output documents.

In March 1998, the Australian Electronic Commerce expert group submitted a report on the establishment of the legal framework for electronic commerce to the Minister of justice.

In the report, the following legislative proposals are proposed for Electronic Commerce Contracts: 1. the State shall confirm that the electronic commerce contract has the same legal effect as the traditional written contract.

2. the difference in technical means of making contracts does not affect the validity of contracts.

The effectiveness of contracts made by different computers with different performance is the same.

3. e - commerce contracts are mainly applicable to commercial conduct, but they should not be applied to cheques, bills of exchange, bills of lading and will.

4. regarding the signing of an electronic commerce contract, any form should be recognized as long as the signature can be confirmed. It is not appropriate to admit only digital signatures.

5. the parties may choose whether or not to apply the law on electronic commerce contracts.

6., the government should reduce the administrative functions of the government in terms of electronic commerce contracts.

7., Australia's law can be formulated in the light of the draft model law on electronic commerce of the United Nations Commission on international trade law.

If we can absorb the fifth provisions of the model law on the legal effect of the paction of data message, sixth laws require written form, the data message will meet the requirements of the law as long as it can be retrieved for future use, tenth provisions on the retention of data messages, and eleventh provisions on the confirmation and validity of electronic contracts.

However, it is not appropriate to include thirteenth provisions on the attribution of data messages in the model law; and fifteenth provisions on the confirmation of when to receive information are incorporated into Australia's laws on electronic commerce contracts.

The reason is that the above provisions are more complex and difficult to operate.

Other experts suggest that in the legislation of electronic commerce contracts, consumers' right to know should be solved in the process of concluding e-commerce contracts, as well as the security and confidentiality of payment in e-commerce contracts.

In order to solve the problem of electronic contracts, South Korea promulgated the regulations on the promotion of trade automation in December 1991. It is an application statute for EDI, with 7 chapters and 29 articles and an appendix.

The Ordinance has generally solved several problems such as the legal documents, the legality of electronic signature and the evidence power of computer records. The regulations limit the responsibilities of the parties involved in the application of EDI, and clearly stipulate the legal liability.

Entering 90s, China

The application of contracts has been carried out step by step, and the relevant issues of e-commerce have also been attached importance to by relevant organizations and organizations.

The Chinese government attaches great importance to the work in this field, has sent representatives to attend international conferences, participated in the meetings of the United Nations Commission on international trade law, and made comments on the formulation of the electronic business model law.

To implement China Customs

The automatic customs clearance system and the General Administration of Customs promulgated the regulations of the People's Republic of China Customs on the management of customs declarations and declarations issued by the General Administration of Customs in September 1992, of which nineteenth expressly stated: "the declaration form pmitted by electronic computer has the same legal effect as the manual declaration form". Thirty-sixth

The pilot customs also made specific EDI interim management measures, and through the agreement between the customs and users, specified the examination and approval procedures for participating in the EDI customs clearance, and the two sides.

And obligations, the method of determination when disputes arise.

In order to constrain and standardize the implementation of EDI and promote the development of EDI application, the Guangdong provincial government promulgated the Provisional Regulations on the implementation of electronic data interchange (EDI) for foreign trade in Guangdong province in October 1996, which was implemented in January 1, 1997.

There are 24 provisions in this regulation, which stipulate the legitimate form of electronic message, the legality of electronic signature and related issues.

The eighth provision stipulates that the agreement shall make use of the EDI network system of the EDI Service Center for information pmission or exchange according to the agreement, and its electronic message is lawful, effective and executable.

The ninth provision stipulates that the electronic message must be in written form, and the contents of the electronic message can be consulted at any time.

The tenth provision is that the documents required by the parties or the laws and regulations must be signed, while the electronic message is accompanied by an electronic signature, which is deemed to conform to the requirements of the agreement or the provisions of laws and regulations.

Unified contract legislation, e-commerce contract is an unavoidable problem.

Some departments, units and experts also suggested that the validity of contracts in the form of electronic data interchange and e-mail should be confirmed in the contract law.

Therefore, the contract law draws on the electronic commerce demonstration formulated by the United Nations Commission on international trade law.