| 电子商务作为信息前提下的新兴经济运动，曾经成为全球一体化临盆和组织措施的主要对象，在控制资本设置装备摆设自动权，晋升国度竞争力进程中日趋施展侧重要的感化。电子商务离不开电子合同，电子合同中实际性极强的主要构成部门为电子意思表现。电子意思表现也是电子合同差别于传统合同的基本特点，而且与实际生涯和亲身好处互相关注的范畴。跟着中国电子签名法的公布与实施，中国在处置电子商务胶葛时，不论从实际上照样理论中都获得了长足的提高，也实在处理了理论中的困难，但这远远不克不及知足我国电子商务成长的现实须要。本文写作目标是经由过程比拟剖析中韩两国电子合同中意思表现的立法现状，失效，韩语论文范文，撤回，瑕疵等成绩，摸索将来我国电子合同相干司法的立法计划，为健全有序的生意业务形式，增进电子商务的成长，供给根据。本文起首经由过程归结，总结，剖析的办法，对电子合同中意思表现的根本实际停止了论述，重要包含意思表现的概念及组成要素，电子意思表现的概念，组成要素及特点，并依据国外电子商务法立法规上，对电子意思表现的分歧表述，界定了本文对电子意思表现的概念。其次经由过程文献搜集、体系归结的办法，论述了中国电子合同中意思表现的立法现状，根本内容。然后采取文献搜集、翻译文献、体系归结的办法，对韩国的电子合同中意思表现的立法现状，根本内容做出解读和剖析。最初经由过程比拟剖析、归结总结的办法，将中韩两国电子合同中意思表现的立法现状及根本内容停止了比拟；并联合我国现实，对我国相干轨制的完美提出建议。经由过程对中韩两国电子合同中意思表现的立法现状及根本内容的比拟，对我国相干立法提出以下建议：我国有需要像韩国一样制订电子商务根本法，来填补电子签名法中的缺乏，韩语论文网站，并体系的划定一系列司法成绩，奠基电子商务立法上的基本。对于电子意思表现的失效成绩的立法，建议增长收件人指定特定体系而数据电文发送到指定体系之外的收件人的另外一体系的情况，对于发送人请求对电子意思表现确认收讫，但并未声明该讯息以收到确认收讫为前提的情况，对发送和吸收所在的划定漏掉了发件人或收件人有一个以上的营业地的情况。对于电子意思表现的撤回成绩的立法建议制订限日无前提的撤回权，即接收无前提要约撤回并在收到商品或商品发送之日起7日内，可以撤回要约。电子意思表现的瑕疵成绩的立法，建议参考美国、日原形关立法依照“没有付与修正瑕疵的机遇的情况”、“晓得存在瑕疵今后，没有实时告诉”或“供给的产物和办事中没有获得好处”等客不雅要素为基准，制订撤回和撤消的成绩。 Abstract: Electronic commerce as information under the premise of emerging economic movement, has become birth of global integration and organization method of the main object, control capital equipment automatic right, the promotion of national competitiveness process increasingly cast side an important role in. Electronic commerce cannot be separated from the electronic contract, and the main component of the electronic contract is the manifestation of the electronic meaning. Electronic meaning representation is also the basic characteristic of electronic contract, which is different from the traditional contract, and it is concerned with the practical career and personal benefits. Follow the "electronic signature law" the promulgation and enforcement, China in the disposal of electronic commerce glue Gregory, whether from actually still theory have gained considerable improvement and really deal with the difficulties in theory, but this is far from being unable to meet the growth of electronic commerce in our country reality needs. This article writing goal is through the process of analogy analysis of the legislative status of the electronic contract between China and South Korea in the meaning of performance, failure, withdrawal, blemish, achievement, and explore future electronic contract in our country relevant judicial legislation plan, for the sound and orderly business forms, promote the growth of electronic commerce, supply according to. In this paper, first of all, through the process of resolution, summary, analysis methods, the electronic contract and the meaning of the fundamental actual to carry on the elaboration, important contains meaning of the concept and components, electronic meaning expression of the concept, elements and characteristics, and on the basis of the law of foreign electronic commerce vertical regulations, express the differences on the performance of the electronic means, defines the in this paper, the concept of electronic meaning expression. Secondly, through the process of literature collection, system resolution, this paper discusses the meaning of Chinese electronic contract legislation, the status quo, the basic content. Then it adopts the method of literature collection, translation literature, system resolution, the status quo of legislation on the performance of electronic contract in South Korea, the basic content of the interpretation and analysis. First through the process of analogy analysis, summarized the way, the current legislation situation of China and South Korea in the electronic contract meaning and basic content of a match, and combined with the reality of our country, of our coherent rail system perfect recommendations. Through comparing the process of electronic contract between China and South Korea in the meaning of legislation status quo and basic content, on China's relevant legislation put forward the following suggestions: China needs like South Korea as making "the fundamental law of e-commerce", to fill in the "electronic signature law" lack, and the delineated a series of judicial performance, laying a foundation for electronic commerce legislation on the basic. About electronic meaning expression of performance failure of legislation, it is recommended to growth and recipient appoints a specific system and data messages sent to a designated recipient outside the system of another system, a send request to the electron mean acknowledgement of receipt, but the statement did not the message received the confirmation receipt premise, transmission and absorption where the delineation of missing sender or recipient has more than a place of business. Legislative proposals on the withdrawal of the performance of electronic means to draw up the withdrawal right of the day without preconditions, that is, to withdraw the offer within 7 days from the date of receipt of the goods or goods. Electronic meaning expression defect scores of legislation, the proposed reference the United States and Japan prototype legislation in accordance with "no entrusts with the modified defect opportunities", "know flaws in the future, no real-time told" or "supply of products and services did not get benefits" and other objective factors as a benchmark, formulate withdrawn and revoked the results. 目录: |
