論B2C模式下電子合同訂立中的法律問題
發(fā)布時間：2018-08-16 16:02
【摘要】：隨著社會的進步、網(wǎng)絡(luò)經(jīng)濟的快速發(fā)展，網(wǎng)民參與電子商務(wù)越來越普遍。在網(wǎng)絡(luò)經(jīng)濟日臻繁榮的今天，尤其在近幾年B2C電子商務(wù)風(fēng)靡全球的時代背景下，電子合同的法律問題愈顯突出。 百度在美國納斯達克上市，掀起了國內(nèi)IT行業(yè)（包括互聯(lián)網(wǎng)企業(yè)）到國外IPO上市(Initial Public Offerings：首次公開發(fā)行上市)的浪潮，也推動著國內(nèi)創(chuàng)業(yè)板的持續(xù)高漲。在網(wǎng)絡(luò)經(jīng)濟快速發(fā)展的大形勢下，國內(nèi)公司紛紛調(diào)整經(jīng)營理念，改變市場定位，發(fā)展網(wǎng)絡(luò)經(jīng)濟，拓展網(wǎng)絡(luò)業(yè)務(wù)，也推動著網(wǎng)絡(luò)經(jīng)濟的迅猛發(fā)展。 據(jù)中國互聯(lián)網(wǎng)絡(luò)信息中心（CNNIC）第28次報告顯示，“截止到2011年6月，中國互聯(lián)網(wǎng)網(wǎng)民規(guī)模已經(jīng)達到4.85億，較2010年底增加2770萬人次；互聯(lián)網(wǎng)普及率攀升至36.2%，較2010年底提高1.9個百分點”1。在持續(xù)擴大的網(wǎng)民規(guī)模和網(wǎng)絡(luò)實體普及率不斷攀升的良好形勢下，電子商務(wù)類用戶應(yīng)用規(guī)模繼續(xù)高漲。網(wǎng)民參與電子商務(wù)購物人數(shù)年增幅48.6%，是網(wǎng)絡(luò)應(yīng)用群體中增幅最快的群體。網(wǎng)上銀行（簡稱網(wǎng)銀）、網(wǎng)絡(luò)支付手段的使用也隨之大幅度提升，更多的經(jīng)濟交流活動已逐漸進入了互聯(lián)網(wǎng)領(lǐng)域。在這種背景下，諸如京東商城、當(dāng)當(dāng)網(wǎng)、新蛋網(wǎng)等B2C電子商務(wù)網(wǎng)站蓬勃發(fā)展。隨著網(wǎng)絡(luò)經(jīng)濟的發(fā)展，電子合同訂立中的法律問題愈發(fā)明顯，亟待解決。 基于上述問題意識，本文試圖以B2C電子商務(wù)發(fā)展的時代特征為背景，探討電子商務(wù)合同訂立（成立）過程中的一系列法律問題，通過演繹推理、歸納推理的思維方法，運用法理學(xué)、比較法學(xué)的研究方法，從B2C電子合同的基本概念和性質(zhì)入手，遵循傳統(tǒng)合同法關(guān)于合同訂立的一般原則，力圖詳細、清晰地研究B2C模式下的電子合同訂立過程中的要約、要約與要約邀請的鑒別、締約人的締約能力、要約的撤回、撤銷以及承諾、承諾的撤回、合同成立的時間和地點等一系列法律問題，，并提出筆者針對問題解決途徑的法律構(gòu)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.
【學(xué)位授予單位】：中國社會科學(xué)院研究生院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D923.6
本文編號：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.
【學(xué)位授予單位】：中國社會科學(xué)院研究生院
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D923.6
【參考文獻】
相關(guān)期刊論文 前2條
1 中華人民共和國電子商務(wù)法(示范法)課題組;中華人民共和國電子商務(wù)法(示范法)[J];法學(xué)評論;2004年04期
2 申長永;電子合同對現(xiàn)行《合同法》的挑戰(zhàn)及對策[J];企業(yè)經(jīng)濟;2005年10期
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