With the rapid development of science and technology and the continuous improvement of people's living standards, people are gradually paying attention to the development of my country's e-commerce industry. The following is a sample essay on e-commerce legal aspects that I compiled for you. Welcome to read and refer to it! Essay on e-commerce legal aspects 1

A brief discussion of my country’s current e-commerce legal system

Abstract: With the development of Internet technology, as a booming business model, e-commerce has rapidly become popular in my country and has become an important driver of my country's economic development. However, the legal system related to e-commerce has hindered the development of e-commerce to a certain extent due to its relative lag. Actively researching e-commerce transaction models and establishing and improving legal systems to regulate e-commerce transactions can not only protect the rights and interests of parties involved in e-commerce activities, but also accelerate the healthy development of e-commerce activities.

Keywords: Improving the legal system of e-commerce

In recent years, my country’s e-commerce has achieved rapid development and has become an important driver of my country’s economic development. What needs special attention is that , the Shanghai Free Trade Zone established in 2013 has clarified that foreign investment in e-commerce operational value-added telecommunications business can be controlled, and the development prospects of e-commerce are promising. The reason why e-commerce can achieve such great achievements is that good technical support and economic atmosphere are indispensable factors. However, the sustainable and healthy development of e-commerce requires the support of the corresponding legal system. Only by establishing a complete system of legal norms related to e-commerce, using perfect legal norms to adjust the legal relationships between e-commerce related parties, and clarifying the rights and obligations of transaction parties can the scientific development of e-commerce be guaranteed and promoted.

1. Overview of e-commerce legal norms

The so-called e-commerce mainly refers to a collection of various business activities conducted using the Internet with electronic transactions and electronic services as the core. Electronic transactions with goods as the main object are called electronic transactions, while electronic transactions with service trade as the main object are called electronic services. The two are independent of each other and are the basis of e-commerce. E-commerce can only be based on this foundation. Only then can a complete system architecture be formed.

The so-called e-commerce legal system is, in short, the general term for the legal norms that regulate various social relationships that occur in e-commerce activities. Compared with traditional business activities, e-commerce based on computer networks has not changed the essential attributes of its business activities. Therefore, the various social relationships that occur in e-commerce activities are of course subject to the regulations governing commercial activities in my country's current legal system. Constrained by legal norms. However, we must admit that e-commerce activities have their own particularities. The current legal system is often difficult to deal with new and special digital issues that arise in e-commerce activities. This requires e-commerce laws that are adapted to the particularities of e-commerce. The establishment of the system is not only a special legal norm applicable to e-commerce activities, but also an important part of the current commercial law system.

2. my country’s current e-commerce legal system

(1) Current status of e-commerce legislation in my country

Due to the rapid development of e-commerce, it has had a profound impact on my country’s traditional civil and commercial affairs. The legal system has had a great influence and impact. Our country has begun to study and formulate relevant legal systems for e-commerce and has achieved certain results. First of all, there are 6 articles in the Contract Law related to e-commerce activities. Article 11’s provisions on written form clearly include data messages in the scope of written forms of contracts, legally confirming that the validity of data messages is the same as that of traditional written forms; Article 16, paragraph 2, and Article 26, paragraph 2 define Article 34 stipulates the arrival time of offers and commitments concluded in the form of data messages; Article 34 clarifies the place of establishment of contracts concluded in the form of data messages; Article 24 clearly defines the calculation of the commitment period under the exercise of data messages. It can be said that the Contract Law outlines a general framework for my country's e-commerce legal system to a certain extent and provides prerequisites and conditions for the development of the e-commerce legal system. Secondly, the Implementing Rules of the Patent Law also indirectly recognize the effectiveness of data messages.

Thirdly, as the first law in the field of informatization in my country, the "Electronic Signature Law" establishes the legal effect of electronic signatures. At the same time, it clearly defines how to regulate electronic signature behavior and safeguard the legitimate rights and interests of e-commerce related parties. From the legal system to ensure the security of electronic transactions and promote the development of e-commerce. In addition, many administrative regulations and rules have also made major breakthroughs in e-commerce legislation. For example, the "Interim Measures for the Administration of Online Securities Entrustment" issued by the China Securities Regulatory Commission officially recognized the legality of the entrustment method of issuing securities trading instructions and obtaining transaction results through the Internet.

Although gratifying results have been achieved in the field of e-commerce legislation, it is undeniable that a considerable part of my country’s current laws and regulations in the civil and commercial fields run counter to the e-commerce legal system. Many contracts, such as the Guarantee Law, Guarantee contracts, insurance contracts, insurance policies, etc. stipulated above are all required to be in written form. The Negotiable Instruments Law stipulates that instruments should be in written form and require signatures or seals. At present, most of the current civil and commercial laws require written forms.

(2) Problems with my country’s current e-commerce legal system

Through the above analysis, it is not difficult to see that although my country’s e-commerce legislation has achieved gratifying results, it is undeniable that There is still a long way to go to establish a complete e-commerce legal system.

my country’s current e-commerce legal system is still relatively advanced. E-commerce legislation is not uniformly guided by the state, but is legislated by multiple administrative departments. There is a lack of a unified and specialized e-commerce law. Legal provisions are only scattered in some laws, administrative regulations, and administrative rules, and do not form a complete system of regulations. Moreover, there are legislative gaps in many aspects of e-commerce. In addition, the legal regulations related to e-commerce are relatively low-level. Most of the administrative regulations are administrative and cannot meet the needs of the rapidly developing e-commerce activities, and it is difficult to play their due role in practice. For example, the e-commerce price war that occurred not long ago fully exposed the current situation of disorderly and chaotic e-commerce competition caused by an imperfect legal system. In addition to the problems of the e-commerce legal system itself, my country's current e-commerce legal system still lacks a complete credit system to support it. Only by combining personal information with its credit and increasing the cost of dishonesty for dishonest actors can we Better promote the development of e-commerce in our country. Therefore, in response to the above problems, my country's e-commerce legal system must be improved as soon as possible.

3. Improvement of my country’s e-commerce legal system

(1) Principles of improvement of my country’s e-commerce legal system

Compared with traditional business activities, e-commerce has its particularity. Buyers and sellers usually do not meet face-to-face for transactions. Therefore, in the process of e-commerce development, many special problems will inevitably be encountered, such as the selection and specification of e-commerce operation models, the confirmation of the qualifications of both parties to the transaction, and the rights and obligations, digital business behaviors generated in the e-commerce process and the legal validity of related data messages, electronic settlement standard issues, intellectual property protection issues, tax management issues, and how to resolve issues between the two parties to e-commerce transactions. disputes and controversies. In response to the above problems, the following principles should be adhered to in improving my country's e-commerce legal system:

First, adhere to the principles of encouraging transactions, freedom of purchase and sale, respecting the autonomy of transaction parties, allowing and encouraging the development of e-commerce, Encourage payment service institutions to continue to innovate; second, give full play to the role of industry self-discipline and recognize the normative effect of industry rules on e-commerce transaction activities to cope with the shortcomings of legal provisions; third, adhere to flexible legal provisions and rules to cope with changes in In response to the new situations and new problems that constantly arise during the rapid development of e-commerce, it can reduce its lag. (2) Suggestions for improving my country’s e-commerce legal system

The healthy development of e-commerce depends to a large extent on a complete e-commerce legal system. Improving my country's e-commerce legal system and establishing a systematic and complete e-commerce legal system requires a long-term process and cannot be achieved overnight. It requires both revising and improving existing legal norms and formulating new laws and regulations.

1. Formulate and improve relevant laws to fill the legal gaps in e-commerce

At present, there are still legal loopholes in many aspects of my country’s e-commerce legislation. Filling these legal loopholes is of great significance to my country’s electronic commerce industry. The improvement of the commercial legal system is undoubtedly of great significance. It is necessary to improve the "Contract Law", add provisions on the validity of electronic signatures and how to identify them in the "Contract Law", and further clarify the rights and obligations of buyers and sellers under e-commerce activities, especially the protection of the rights of buyers as consumers and the rights and interests of consumers. Remedies for infringement. Third-party payment intermediaries play an important role in e-commerce activities. Their status as an emerging financial entity should be legally affirmed, and its establishment conditions, rights, obligations, and legal responsibilities should be stipulated by law.

2. Comprehensively clean up the current regulations that hinder the development of e-commerce

Many of my country’s current e-commerce legal systems are based on the paper environment of traditional commercial transactions. Among them Many of the rules are no longer suitable for the current development of e-commerce activities, and may even conflict with the application of laws, seriously hindering the development of e-commerce. Therefore, cleaning up the current regulations that hinder the development of e-commerce is an important step in improving my country's e-commerce legal system. For example, we will clarify, supplement and improve many issues such as digital signatures, identity confirmation, and the effectiveness of electronic evidence that are often used in e-commerce transactions, and eliminate regulations that are contrary to and conflict with e-commerce transactions, so as to make our Legal provisions adapt to the development requirements of e-commerce activities.

3. Establish a supporting credit mechanism

Introducing a credit mechanism and establishing a credit system in e-commerce transactions are the guarantee for promoting the healthy development of e-commerce activities. It directly affects the performance of electronic payments and normal services, and determines the efficiency and quality of e-commerce transaction activities. Under the conditions of e-commerce, buyers and sellers do not have face-to-face transactions and cannot know each other's credit status information. Experience and intuition, online communication, offline investigation, etc. constitute the basic means to judge the credit status of the other party. However, offline investigation requires high costs, and intuition and online communication are unreliable. Therefore, in transaction information, supply, payment, etc. Integrity problems can easily arise in this regard. If the problem persists for a long time, people will lose confidence in e-commerce. Therefore, we must speed up the improvement of our country's credit management system, establish a blacklist system for dishonesty, and impose bans and fines on dishonest actors. A series of penalties to ensure that parties involved in e-commerce transactions perform their contracts in good faith.

4. Pay attention to the integration with international e-commerce laws

The scope of e-commerce activities is not limited to the country. In many cases, it will break through national boundaries. Therefore, our country’s e-commerce legal system must be highly Pay attention to the integration with international e-commerce legislation. The United Nations Commission on International Trade Law has established a model law, which is of great significance for regulating international e-commerce activities and laying the foundation for the development of e-commerce around the world. Moreover, our country has joined the WTO and needs to compete in the international market. Therefore, when our country legislates e-commerce, it must pay full attention to compatibility and unification with international e-commerce laws.

References:

[1] Wan Yixian. On the legal issues of e-commerce? Focusing on online transactions [M]. Law Press, 2001;32

[2] Wang Liming. E-commerce Legal System: Impact and Response[M]. People's Court Press, 2005

[3] Zhou Zhonghai. Introduction to E-Commerce Law. Beijing University of Posts and Telecommunications Press , 2000

[4] Chen Muzhu. Several issues on China’s e-commerce legislation [J]. Hebei Law, 2001;1: Volume 19

[5] Jiang Po. Issues on the legal adjustment of e-commerce in my country [J]. Politics and Law, 2000; Issue 1 Paper on E-commerce Legal Aspects Part 2

On the legal issues in e-commerce

[ Abstract] As the Internet becomes increasingly popular around the world, human society has entered a new network information era. E-commerce, a transaction method that is completely different from the traditional business model, emerged at the historic moment and has had a huge impact on traditional concepts and trade methods.

Therefore, establishing a legal framework to regulate online transactions can not only safeguard the interests of all parties involved in online transactions, but also ensure the smooth progress of online transactions.

[Keywords] Solutions to e-commerce legal issues

E-commerce is a new type of trade that relies on the Internet to develop and become popular. Its ultimate goal is to realize trade activities The electronicization of all links achieves the unification of online business flow, logistics, currency flow and information flow. As a commercial legal field that regulates this emerging thing, e-commerce law will surely play an increasingly important role in real commercial relationships with the process of global electronic transaction networking. This article conducts a certain discussion on legal issues related to e-commerce.

1. The historical evolution of e-commerce

After humans entered the 1990s, more and more individuals and families owned computers, and IT companies also mushroomed. Traditional The industry is also increasingly aware of the importance of using the Internet to expand business. From a global perspective, the number of people surfing the Internet is growing exponentially; in China, the Internet is developing rapidly, and China has become the third largest country with Internet users after the United States and Japan. A new economic model - e-commerce emerged at the historic moment.

Since the mid-1990s, the rapid development of electronic information technology and the popularization of the international Internet have provided enterprises with a global electronic virtual market with broad prospects, and commercial exchanges through the Internet have Its direct, fast and low-cost characteristics have greatly improved the efficiency of commercial activities and made e-commerce the biggest hot spot in Internet applications. Although it is still in its infancy, corporate e-commerce has a promising future. It has become a means of international business due to its convenience and speed that breaks the limitations of time and geography, and creates huge profits for all walks of life in the country. However, while the rapid development of e-commerce based on modern network technology has brought convenience, efficiency and wealth to human society, it has also challenged the legal systems that have long been effective in various countries in adjusting traditional commercial transaction relationships. serious challenges.

my country’s e-commerce has flourished without an e-commerce law, and has already involved related litigation issues. Therefore, how to regulate e-commerce, bring it into the legal track, and then promote its healthy and orderly development has become a top priority. At present, our country does not have a unified "E-Commerce Law", but legal normative documents related to e-commerce are being formulated intensively, and some have already been issued. For example, the Contract Law of the People's Republic of China regards contracts formed in the form of data messages as one of the legal forms of contracts, and stipulates the standards for the establishment of contract offers and commitments reached in the form of data messages. As for the current situation of China's e-commerce laws, most of the normative documents are still at the level of ensuring the entrance of e-commerce, that is, the access system. Regarding specific transaction regulations, legal provisions are extremely scarce.

2. Legal issues existing in e-commerce transactions

1. Intellectual property protection issues

Reflected on the intellectual property protection issues in e-commerce, first of all This is reflected in the copyright protection for literary and artistic works, computer software, music and movies on the Internet. From the perspective of the source of the work, online infringement can be divided into three forms: uploading to the Internet for dissemination by traditional media, plagiarizing the content of other websites, downloading the content from the website and publishing it in traditional media; although these behaviors They all have a nature similar to "copying", but because the information published on the Internet exists in digital form, which is different from the expression form of text, sound, and image in traditional media, the communication on the Internet is also different from the distribution of traditional media. concept, therefore the existing Copyright Law will inevitably feel inadequate in its application.

Some websites publish registration codes or registration procedures for free software on their web pages, which actually constitutes an infringement of computer software copyright. Although the trial version of free software can be downloaded for free, the author only provides a limited-time or limited-time demo version to the public. Once the registration code is widely spread on the Internet as a password, every non-authorized person can freely The designer's rights and interests are infringed upon by using this software, which is actually equivalent to illegally copying the software.

In order to protect technological progress, this infringement of software copyrights must be effectively curbed, and criminal liability should be pursued for serious infringements.

With the increasing influence of the Internet, all walks of life have begun to pay attention to online publicity, and domain name squatting has become another new problem plaguing the legal profession. Domain name applications are based on the first-to-register principle, and the names or trademarks of some well-known domestic and foreign companies are often registered. Since the intellectual property legal systems of various countries basically do not cover this field, in practice we can only use some of the provisions on trademark protection in trademark laws for reference. Judicial authorities generally only protect domain names of well-known companies, and most domain names The dispute still cannot be effectively resolved.

2. Protection of consumer rights and interests

Internet services are service industries and also face millions of online consumers. Therefore, when the network access service provided by an ISP is defective or causes losses to consumers due to negligence, the protection provisions for consumers receiving services in accordance with the Consumer Rights Protection Act should apply to this type of dispute. The provider should bear the corresponding liability for damages. In addition, online advertising has emerged with the development of the Internet, and most online content providers regard online advertising as one of their important financial resources. Since ICP does not have the corresponding qualifications as an advertising operator in the Advertising Law, how to restrict ICP’s behavior in the advertising business? When the legitimate rights and interests of consumers are infringed by false advertising online, can the Consumer Rights Protection Law be applied to Issues such as ICP's demand for compensation have further come to the fore. Accelerating the improvement of legislation is the fundamental way to solve the current chaos and disorder of online advertising.

At a stage when traditional laws are not fully applicable to e-commerce, the best way to protect transaction security is to clearly agree on the rights and obligations of buyers and sellers in as much detail as possible to avoid unnecessary economic disputes and involvement. Complex litigation. For legislators, a more feasible method at present is to comprehensively review relevant laws and regulations within the current legal framework, make necessary revisions, and expand interpretations of legal terms suitable for e-commerce operations; and for those who are affected by e-commerce, The new legal categories derived from it should start to formulate new laws and regulations. In the future, we should consider formulating an "E-commerce Law" to systematically include all the content related to e-commerce, so that the development of e-commerce in our country can be effective. A practical legal protection.

3. Jurisdiction of disputes

There is no widely recognized international convention on the jurisdiction of civil disputes. However, since jurisdiction issues involve national sovereignty and the people of the country, interests, so all countries attach great importance to it. In traditional commercial and trade activities, since these geographical factors that determine jurisdiction are relatively fixed, there is no problem in identification. The Internet is a virtual world without national borders. Cross-border transactions often occur in e-commerce, which inevitably involves the issue of how to determine jurisdiction.

In order to avoid unnecessary disputes caused by countries adopting different standards in determining jurisdiction, international consultations in this field must be carried out as soon as possible to reach some basic knowledge, otherwise some Countries may abuse jurisdiction, or it may be difficult to enter into substantive enforcement procedures because the jurisdictional dispute is not recognized by the other country, which ultimately damages the rights and interests of the litigants and jeopardizes the development of e-commerce. healthy development. The "E-Commerce Directive" just passed by the European Parliament in May this year clearly states that no matter where the domain name and server of a website are, the actual place of business of the party concerned is deemed to be its place of business.

3. We should speed up the improvement of legal norms in e-commerce

Although we know that economic development often comes first and legislation follows, we must not ignore the importance of e-commerce and the network economy. legislation and supporting economic environment. Facing the booming Internet economy and e-commerce, we should create an environment suitable for their normal development as soon as possible.

E-commerce legislation has two outstanding features: first, it involves a wide range of interests, involving the interests of various departments, industries, and various parties; second, it is highly technical, especially It is about computer communication networks that cannot be thoroughly understood by ordinary legal experts.

In view of this, it is necessary for the national legislative body to organize relevant experts to participate and cooperate with each other, not only to take into account the interests and needs of all aspects of society, but also to take into account the technical characteristics of e-commerce. The legislative body should, on the premise of embodying the technical characteristics of the e-commerce law, try to reflect the interests and requirements of all parties, so as to fully comply with the laws of e-commerce activities and make it truly a law for the promotion of e-commerce rather than a profit-seeking law for a certain department or group. tool of profit.

The country has no legislation or relevant regulations on how to deal with the losses and network infringement caused by network failures or malicious intrusions by hackers to netizens or e-commerce transaction parties. These obstacles have restricted the development of e-commerce. The actual development of e-commerce will make the market without boundaries, break regional monopolies, and even cross borders. We believe that in the near future, our country's e-commerce network will be connected to other countries and truly form an international e-commerce transaction network. If we do not resolve the legal issues in this area in time and continue to repeat traditional business transaction practices on developed e-commerce networks, it will cause unlimited legal proceedings.

Many countries have had fierce debates in the process of e-commerce legislation. Some people even believe that e-commerce legislation is a constraint on its development. However, most people believe that the fundamental purpose of legislation is not to restrict e-commerce. commerce, but to ensure the development of e-commerce, so that all traders can foresee the legal consequences of their transactions, so that legal transactions are protected by law. In the process of my country's e-commerce legislation, there will also be various debates about the necessity and content of legislation. However, we believe that e-commerce legislation will truly promote the development of our country's economy and enable our country to seize new development opportunities brought by new technologies. Towards an economic power in the new century.

References:

Shan Wenhua: Legal Issues in Electronic Trade[J]. Civil and Commercial Law Series, 2006(2)