Abstract: in recent years, with the development of information technology and popularization of Internet, e-commerce of China’s sustained and rapid development, playing an increasingly important role in the prosperity of the domestic market, expand consumption and reduce logistics costs, improve circulation efficiency etc.. At the same time, the development of e-commerce in China is still in the initial stage, the overall application level is relatively low, the trading environment needs to be improved, the social public to the electronic commerce’s recognition and acceptance needs to be improved, especially in e-commerce activities there are a lot of problems have been solved or. This paper intends to analyze the legal problems existing in e-commerce activities in the knowledge economy society, and puts forward some personal suggestions from the angle of economy and law.
e-commerce is a network operating platform, the virtual trading place and form diversification, trading range of internationalization, due to the constraints of network platform, market access, legal conflict, developing e-commerce development status, legal problems need to be solved is very large. The legal issues of electronic commerce mainly involves the legal relationship between the parties in e-commerce, e-commerce contract, electronic payment, electronic transaction security, intellectual property rights and interests of consumers, especially caused by the privacy protection and other legal issues.
first, e-commerce contract issues
electronic commerce contract is mainly through the electronic form (email, fax, telephone, or network spreadsheet, etc.) to sign. Electronic commerce is paperless trading, its form and legal effect compared with the traditional contract has greatly changed, legal status and effect of this problem relates to the digital signature, electronic invoices, electronic contract, will have many problems: first, two party e-commerce contract basically does not meet, both by virtual network platform for the operation, the credit only rely on password identification or certification, diversity authentication password authentication and authentication mechanism in virtual contract credit system there is a big question, for large and long term business cooperation unfavorable.
secondly, the electronic invoice in our country is only a theoretical concept, a lot of e-commerce contracts, especially small transactions without invoices, such a contract once a problem, dispute resolution is a problem. Third, the digital signature instead of the traditional contract signed and sealed. The validity of the digital signature itself is in doubt, and its existence should be copied and imitated, and it is not easy to distinguish. Once it is copied and imitated, the contract dispute resolution is very complex. Fourth, the popularity of electronic contracts and network virtual businesses, how to define the place of effective, which is an important basis for the contractual dispute jurisdiction. Fifth, the effectiveness of automatic order contract. In accordance with the order of the business or customer order system automatically generated in the end of the contract is bound to take effect, the party can not afford the responsibility of breach of contract, who are responsible for the existence of these are real. Finally, how to determine the legal effect of the contract arising from the failure of the computer or network. If the computer or network system