Electronic contract is characterized by a great deal to conclude the contract is carried out and completed on the network, through web-based information transmission means a contract concluded whether recognized by law, an exercise in whether the relationship between e-commerce development in the key.

     In China, the establishment of the way the contract should be based on "Contract Law" Article 13 provides that: "the parties entered into a contract should be taken to offer, commitment way." Entry into force of the offer, withdrawal, withdrawal; commitment to the establishment of the entry into force and contract time and place are the first to discuss problems.

     1, an offer

     Offer is one the direction of the other party the parties entered into a contract issued by the meaning of that. The commencement date of the offer, national legislation is different from civil law countries generally considered "effective reach" common law countries that "the entry into force took place." The difference in the traditional contract methods are important. However, the network transmission speed very quickly, almost immediately after the issue of arrival, and the "issue" and "reach" of the time difference, in legal matters there is no value to get to the bottom. Withdrawal of the offer means the offer occurred, before the commencement of the offeror in some way inform the offeree to prevent the occurrence of the effectiveness of the offer in the network is based on the speed of light spread under the conditions of the offer, and almost no "in-transit time," There is now no invented a faster way to recover the transmission of electronic offer has been issued, so that the electronic contract can not be withdrawn. The withdrawal of the offer is withdrawn in the offer, the offeror way through a certain withdrawal of an offer to cancel, so that the legal effect of the loss of the mainland's hair-speaking countries usually offer can not be undone, while the British and U.S. Department of State issued the absence of an offer to withdraw the system, it is allowed to offer the pre-commitment in the offer being withdrawn and the animal is compatible with China's contract law, to have made the withdrawal and withdrawal provisions. Electronic contracts the ability to revoke the provisions of national legislation has not yet made this, the United Nations Trade Law Association's "Model Law on Electronic Commerce," the question is not provided for the offer withdrawn, I believe that the withdrawal should be set up. E-mail with the contract, compared with the traditional addition to the contract at different rates, and no other essential difference between the offer to withdraw if they meet the conditions should be allowed to withdraw, sent via E-mail offer is issued, the accepted computer set automatically based on pre-processed immediately respond, the effect of the offer then also disappeared, therefore, such cases the withdrawal of the offer is almost impossible.


    2, commitment

     Network is a borderless environment, and therefore promised a contract for network transaction time and place of the identification of even more of the particularly important, China's "Contract Law" Article 26 provides that:

     "Commitment to reach an offer becomes effective when it ... ... use of the data in electronic form, contract, and promised the arrival time of the use of the provisions of Article 16 of this Law," that is our promise of e-adopted "in principle reach the entry into force", which is also the "Model Law" The specification is the same. Under the "Model Law" Article 15 (2) provides that the commitments received in time to identify the principles: First, the recipient specifies a particular information system, to the electronic data retrieved by the addressee to the time for by the time; Second, the addressee has not designated an information system, the electronic data information system into the recipient's time for an arbitrary time of receipt. Here that the "information system" includes is used to send, receive, store information in a variety of technical means, which can be a computer, an e-mail or a communications network.

     Effect on the commitment of time, China's "Contract Law" Article 34 provides: "committed to the location of the entry into force of the contract was established locations. Use of contract form of data messages, the recipient's principal place of business for the location of the establishment of the contract; no primary place of business, its habitual residence established for the location of the contract. the parties agree otherwise in accordance with their agreement. "

"E-Model Law" Article 15, paragraph 4, states: "Unless otherwise agreed between the originator and the addressee, a data message should be the originator of existing place of business as a given location, while the recipient an existing business place to place as its subject. "

     The purposes of this paragraph, (1) If the originator or the addressee has more than one place of business, should be based on the underlying transaction with the most closely linked to place of business standard, if there is no underlying transaction, the then their principal place of business; (2) If the originator or the addressee does not have a place of business, its habitual residence, the provision does not provide for "commitment effect in" the determination of the principles. Provides only a "promise" "issue" or "received land" to determine ways. It addresses the electronic contracts and the establishment of a contract to establish the traditional methods of conflict for countries in this regard the legislation provides a good example.

     China's "Contract Law" in Article 27 provides that commitment can be withdrawn, however, transactions in the network, meaning that can be described as real-time or only a few seconds of the gap, said Gu Yu to withdraw its meaning in practice is difficult at this time can only be based on China's "Contract Law" in 54, paragraph 1, or "Civil Law" Article 59, paragraph 1, the provisions of a request to change or withdrawal. However, in the transaction to alter or withdraw this contract arising liability should be how to share, in the legislation is still blank, I believe that accountability should be applied for the civil law principle of presumption of fault by the party at fault responsible.