论B2C模式下电子合同订立中的法律问题
发布时间：2018-08-16 16:02
【摘要】：随着社会的进步、网络经济的快速发展，网民参与电子商务越来越普遍。在网络经济日臻繁荣的今天，尤其在近几年B2C电子商务风靡全球的时代背景下，电子合同的法律问题愈显突出。 百度在美国纳斯达克上市，掀起了国内IT行业（包括互联网企业）到国外IPO上市(Initial Public Offerings：首次公开发行上市)的浪潮，也推动着国内创业板的持续高涨。在网络经济快速发展的大形势下，国内公司纷纷调整经营理念，改变市场定位，发展网络经济，拓展网络业务，也推动着网络经济的迅猛发展。 据中国互联网络信息中心（CNNIC）第28次报告显示，“截止到2011年6月，中国互联网网民规模已经达到4.85亿，较2010年底增加2770万人次；互联网普及率攀升至36.2%，较2010年底提高1.9个百分点”1。在持续扩大的网民规模和网络实体普及率不断攀升的良好形势下，电子商务类用户应用规模继续高涨。网民参与电子商务购物人数年增幅48.6%，是网络应用群体中增幅最快的群体。网上银行（简称网银）、网络支付手段的使用也随之大幅度提升，更多的经济交流活动已逐渐进入了互联网领域。在这种背景下，诸如京东商城、当当网、新蛋网等B2C电子商务网站蓬勃发展。随着网络经济的发展，电子合同订立中的法律问题愈发明显，亟待解决。 基于上述问题意识，本文试图以B2C电子商务发展的时代特征为背景，探讨电子商务合同订立（成立）过程中的一系列法律问题，通过演绎推理、归纳推理的思维方法，运用法理学、比较法学的研究方法，从B2C电子合同的基本概念和性质入手，遵循传统合同法关于合同订立的一般原则，力图详细、清晰地研究B2C模式下的电子合同订立过程中的要约、要约与要约邀请的鉴别、缔约人的缔约能力、要约的撤回、撤销以及承诺、承诺的撤回、合同成立的时间和地点等一系列法律问题，，并提出笔者针对问题解决途径的法律构想。
[Abstract]:With the progress of society and the rapid development of network economy, it is more and more common for Internet users to participate in e-commerce. With the prosperity of network economy, especially in the background of B2C electronic commerce becoming popular all over the world in recent years, the legal problems of electronic contract become more and more prominent. The listing of Baidu on NASDAQ has set off a wave of domestic IT industry (including Internet enterprises) going abroad to list (Initial Public offerings: initial public offering (IPO), and has also promoted the continuous upsurge of domestic gem. With the rapid development of the network economy, domestic companies have adjusted their business concepts, changed their market orientation, developed the network economy and expanded the network business, which also promoted the rapid development of the network economy. According to the 28th report of the China Internet Network Information Center (CNNIC), "by June 2011, the number of Internet users in China had reached 485 million, an increase of 27.7 million people compared with the end of 2010;" Internet penetration climbed to 36.2 percentage points, 1.9 percentage points higher than at the end of 2010. With the continuous expansion of the scale of Internet users and the increasing penetration rate of network entities, the application scale of e-commerce users continues to soar. The annual increase of the number of Internet users participating in e-commerce shopping is 48.6%, which is the fastest growing group in the network application group. Internet banking (Internet banking), the use of network payment means has also been greatly improved, more economic exchanges have gradually entered the Internet field. In this context, e-commerce sites such as JingDong Mall, Dangdang, New Egg and so on are booming. With the development of network economy, the legal problems in the formation of electronic contracts become more and more obvious and urgent to be solved. Based on the consciousness of the above problems, this paper attempts to discuss a series of legal problems in the process of the conclusion (establishment) of electronic commerce contracts based on the background of the development of B2C electronic commerce. The thinking methods of deductive reasoning and inductive reasoning are also discussed in this paper. Using the research method of jurisprudence and comparative law, starting with the basic concept and nature of B2C electronic contract, following the general principles of traditional contract law on contract formation, the author tries hard to be detailed. A clear study of the B2C model of electronic contract in the process of the tender offer, the identification of the offer and invitation to offer, the contracting capacity of the contracting party, the withdrawal of the offer, revocation and acceptance, the withdrawal of acceptance, A series of legal problems, such as time and place of contract formation, are put forward.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.6
本文编号：2186472
[Abstract]:With the progress of society and the rapid development of network economy, it is more and more common for Internet users to participate in e-commerce. With the prosperity of network economy, especially in the background of B2C electronic commerce becoming popular all over the world in recent years, the legal problems of electronic contract become more and more prominent. The listing of Baidu on NASDAQ has set off a wave of domestic IT industry (including Internet enterprises) going abroad to list (Initial Public offerings: initial public offering (IPO), and has also promoted the continuous upsurge of domestic gem. With the rapid development of the network economy, domestic companies have adjusted their business concepts, changed their market orientation, developed the network economy and expanded the network business, which also promoted the rapid development of the network economy. According to the 28th report of the China Internet Network Information Center (CNNIC), "by June 2011, the number of Internet users in China had reached 485 million, an increase of 27.7 million people compared with the end of 2010;" Internet penetration climbed to 36.2 percentage points, 1.9 percentage points higher than at the end of 2010. With the continuous expansion of the scale of Internet users and the increasing penetration rate of network entities, the application scale of e-commerce users continues to soar. The annual increase of the number of Internet users participating in e-commerce shopping is 48.6%, which is the fastest growing group in the network application group. Internet banking (Internet banking), the use of network payment means has also been greatly improved, more economic exchanges have gradually entered the Internet field. In this context, e-commerce sites such as JingDong Mall, Dangdang, New Egg and so on are booming. With the development of network economy, the legal problems in the formation of electronic contracts become more and more obvious and urgent to be solved. Based on the consciousness of the above problems, this paper attempts to discuss a series of legal problems in the process of the conclusion (establishment) of electronic commerce contracts based on the background of the development of B2C electronic commerce. The thinking methods of deductive reasoning and inductive reasoning are also discussed in this paper. Using the research method of jurisprudence and comparative law, starting with the basic concept and nature of B2C electronic contract, following the general principles of traditional contract law on contract formation, the author tries hard to be detailed. A clear study of the B2C model of electronic contract in the process of the tender offer, the identification of the offer and invitation to offer, the contracting capacity of the contracting party, the withdrawal of the offer, revocation and acceptance, the withdrawal of acceptance, A series of legal problems, such as time and place of contract formation, are put forward.
【学位授予单位】：中国社会科学院研究生院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D923.6
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相关期刊论文 前2条
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2 申长永;电子合同对现行《合同法》的挑战及对策[J];企业经济;2005年10期
本文编号：2186472
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