1, E-commerce contracts to adjust the main affected by the new Contract Law
The new Contract Law stipulates that this Law referred to the second contract is the subject of equal natural persons, legal persons and other organizations to establish, change or terminate civil rights and obligations of the agreement. In accordance with the object category e-commerce transactions, e-commerce can be divided into four categories: namely, Business Business (BtoB), commercial consumers (BtoC), commercial-governmental organizations (BtoG), consumer-governmental organizations (CtoG). in which business e-commerce is the business organizations in the enterprise and between enterprises, commercial institutions consumer e-commerce is conducted between businesses and consumers, commercial organizations in the Government's e-commerce is conducted between businesses and government agencies. For example government agencies may purchase office supplies list published on the Internet, enterprises electronically respond to a selected set of supply-side, with whom to achieve electronic contract. Another example: Government agencies may implement e-government project to use the Internet to provide enterprises with tax, make electronic business license, export quota bidding, to apply for import and export licenses and other services. consumers is the government's e-commerce between individuals and government agencies. For example the social welfare of individuals, as well as the release of funds and other personal tax Contributions.

The e-commerce activities regardless of what type, and its essence belongs to natural persons equal and civil entities, legal persons and other organizations to establish, change or terminate civil rights and obligations of conduct, are contractual contractual relationship. Therefore, these e-commerce activities the main body must necessarily subject to the new contract law adjustments.

2, The electronic form of the contract adjustment under the new contract law
The new Contract Law of the first paragraph of Article X of the parties entered into a contract, there is a written form, oral and other forms. Article XI refers to the provisions of the contract in writing, books, letters, and data message (including telegram, telex, fax, electronic data interchange and e-mail), etc. can be tangible demonstration of the elements contained in the form. This indicates that the electronic contract will always be adjustments to the scope of the new contract law. e-commerce activities, the transaction parties to implement the paperless trade, through e-commerce system Web-based Negotiation, the outcome of the consultations made of paper to electronic form of a document signed trade contracts. explicit rights of the parties, obligations, underlying the type of goods, quantity, price, delivery location, delivery time, transaction mode, clearing way, mode of transport , breach of contract responsibility, service, claims and other terms of the contract, both parties signed up to use EDI or digital signatures to sign electronic contract formation, delivery orders, bills of lading, insurance policies, etc., these electronic documents are recorded and stored in the magnetic medium, stored in the computer storage devices, the use of the electronic data interchange and e-mail. This is a common practice in domestic and international e-commerce market. China's new contract, when enacting the law has been fully aware of this point, so special provisions of the written contract, including e - data exchange and e-mail in the form of national legislation, given the legal status of electronic contracts valid, this point is indisputable.

3,Contract law specifies the conditions for the establishment of electronic contracts
The new Contract Law stipulates that the parties entered into a contract 13th to take an offer of undertaking. 16th article provides that an offer becomes effective when it reaches the offeree. Second paragraph states: the form of a contract with a data message, the recipient specifies a specific system receive data messages, the data message into the specific system time, as the arrival time; not specify a particular system, the data message enters the recipient's of any system the first time as the arrival time. The new Contract Law 2nd 15 commitment to entry into force of the provisions of the contract was established. 26th commitments under Article shall be effective when notice reached the offeror. the form of a data message to contract, promised the arrival time of application of the provisions of second paragraph of Article XVI of this Law. contract by one party The offer has been accepted by the other party set up. In accordance with traditional practices, offer and acceptance are the manual is a meaning of the parties, said the two sides said the agreement means a contract is formed. electronic contract formation is completely automation, the two sides to use computers, according to pre-programmed via the Internet that automatically send an offer or promise, promise, once in force, the contract shall set up a legally binding on the parties, no party shall breach, or they will bear the legal responsibility . e-contract is entered into computer systems at different locations between the completion and should be how to determine whether the force's commitment to electronic contracts, as well as whether the contract was established and therefore have legal effect? the new contract law to make detailed provisions in the above definition, To determine the electronic contract formation and the force of law provides the legal limits.

4, Contract law gives the legality of electronic signatures
The new Contract Law stipulates that the parties use the thirty-second form of contract to contract, since the signature or seal of the parties when the contract was established. 33rd stipulates that the parties use letters, messages and other forms of data entered into the contract, the contract could be before the establishment of and request a letter of confirmation. signed a confirmation of when the contract was established. signing electronic contracts, between the parties concerned the use of computer electronic data interchange, is also the principal terms of the contract through the computer screen, there is no written form in the traditional sense, it can only electronic figures Signature (encrypted) form to prove that the contract be established. In this regard, the new contract, when enacting the law has taken note of this objective reality and adopt a more flexible approach, in accordance with the terms of the understanding: that electronic contract both parties can either be used directly electronic signature; also be based on the actual situation, the first confirmation of the signing of the book using this method, so that the establishment of a contract entered into force. indirect recognition of electronic signatures (encrypted) the legitimacy and effectiveness.
5, The new contract law, the jurisdiction of the electronic contracts contain specific provisions
The new Contract Law stipulates that commitment entered into force 34th place for the contract was established places. Use of contract form of data messages, the recipient's principal place of business established in place for the contract; no principal place of business, its habitual residence for the contract established location. the parties agree otherwise, and in accordance with their agreement. electronic contracts issued by EC Telecom different locations at any given use of computer systems, such as the sender's place of business, sending people have a computer a certain location. if we adopt the issue of entry into force of principle, the establishment of the location of the contract would have great uncertainty. The receipt of entry into force of the principle of using more appropriate because the party receiving the information relatively easy to determine the location can be determined based on the traditional method of receiving messages on the one side there are the close relationship between the place of business and frequent place of residence determined to make a contract on the location of legal evidence. Thus, with the provision for determining the location of the establishment of electronic contracts, a clear application of the law of contracts and contractual disputes, the jurisdiction has provided important legal basis.

6, the new contract law defined the legal status of electronic contracts, so that the legitimacy of electronic evidence
In e-commerce activities, electronic contracts, purchase orders, bills of lading, confirmation, transfer orders, insurance policies, payment, such instruments and other electronic documents that electronic documents are delivered inside the computer magnetic media, storage of electronic data, that can not be read only by the screen display or printed output file can be read, but this is only a transcription, rather than the traditional sense of the original evidence. Thus, an objective that law enforcement agencies in cases of illegal e-commerce and e-admissible contract dispute cases impossible to obtain documentary evidence as the original. how to solve this dilemma? China's new contract law, since it has been made clear the legal status of electronic contracts, Article 63 of the Civil Procedure Law of China will also be readable forms of electronic evidence in return evidence for the adoption of the audio-visual materials class, it shows China's adoption of electronic evidence, there is a legal basis, as long as through the National Electronic Certification Authority (CA), electronic data interchange (EDI) service center authentication and firewall technologies to process, identify After the authenticity of electronic documents is electronic evidence, computer records can be used as legal evidence to identify the facts, qualitative treatment.