The world has entered an information age, to the Internet (Intenet)-based information technologies are changing our way of life and business methods. Internet technology will be applied to business activities is called "e-commerce." The emergence of electronic commerce greatly improve the efficiency of the enterprise, reducing business costs, to provide customers with faster, better, more convenient service, especially in the sars virus have today, "e" in inter-enterprise the application of economic exchanges in the even more significant.


With the extensive application of electronic contracts and development is frequently encountered legal issues. Traditional legal rules are not fully applicable to the network economy era of the new situation. Many new legal issues must be resolved. What is an electronic contract; the main parties to the contract should be different eligibility determination standards; offer and promised to set up and comes into effect when and where and how to withdraw, withdraw; the written form of electronic contract, evidence, legal and other signatures. Jie Wei online trading issues such as these fundamental issues the contract, the issue will be discussed below.

1, electronic contracts and types of

     Electronic contract is a computer information processing technology and computer network communication technology is highly developed product of the material conditions of existence of electronic contract is a computer and computer networks. In the electronic contract a computer first side of the contracting parties means that from the text into recognizable figures, through the modem is sent to the other party's computer, the other party after he has accepted the computer into recognizable text messages. As the meaning of representation is by a computer through the digital conversion to complete, so the number of contracts, also known as electronic contract. It will "material flow" changed to "e-flows." By electronic data, electronic documents, digital currency, e-banking contract to replace the physical book, notes, banknotes, bank.

     E-contract is the use of electronic means of human commercial activities carried out in basic form, which when compared with the traditional contract has its outstanding features: (1) of the main virtualization. Contract one or both parties on the Internet is mostly in the form of URLs, their real names and addresses on the Internet does not explicitly appear. Currently, Internet sales activities to establish web pages and transactions is not fully under the control of the law, anyone can become the main body of the contract; (2) the contract entered into in the process paperless. All electronic contract through the network, the contract would not even meet both sides, electronic contract signing and performance of a computer constructed in countless "network space" the communique said. Conclusion of the contract is only that the on-line through the disclosure of information to be completed; (3) to perform paperless. The so-called "line management", which is the transmission of information through the Internet instead of the physical performance of contracts, with "e-stream" instead of "material flow." Performance of the contract content (payment, delivery, the provision of services and labor, etc.) In addition to physical delivery and the provision of services of electronic contracts, the other electronic contracts can be directly carried out and completed online. E-money, e-wallets, online banking, electronic bill payment functionality can be achieved fully. Of computer software, drawings, music, etc. for the content of the intangible product, you can download, e-mail approach to delivery; to provide services to classes of contracts, including technical consulting, training can also be the transmission of digital information through the network to complete; (4 ) to perform the Super Dimension-based. There is no center in the network center, distance, national boundaries. Hence the signing of electronic contracts. Performance against time and space constraints.

E-contract is the basic form of e-commerce. Contract electronics the broad and narrow sense, broad sense, electronic contract refers to all means of modern electronic communication technology reached a contract, but also refers to electronic means, optical or similar means causing or stored information, such means including, but not limited to electronic data interchange (EDI), e-mail (E-mail) telegraph, telex, fax. A narrow electronic contract is between the use of different computer generation, transmission, storage information to reach a contract, including EDI and E-mail in two forms known as "paperless contract." The following electronic contracts within the meaning of electronic contracts are in a narrow sense. Electronic data exchange is two or more enterprises (including customs, customs brokers, banks, transportation lines, trade lines and other trade-related business enterprises), with the use of standard data format, communication protocols, commercial agreements, through the communication line between computers automatic processing, identification, transmission, reporting of data between instruments, reports, so as to complete in the shortest possible time, a variety of business procedures of electronic means. Because the completion of the transaction does not require the traditional paper-documents, which EDI is also known as paperless trading, which in Western countries has been universally applied.