Research Report on the Electronic Contract and Electronic Signature Law (Electronic Commerce Law Forum)

Author: Gao Fuping, Editor-in-Chief
Publisher:
Publishing Date: 2005-04-01
Features: As human society enters the information network era, the digitization and networking of information bring both opportunities and challenges to the entire society. E-commerce, e-government, virtual communities, and other fields are changing the operational models and behavioral patterns of society. To promote the development of e-commerce and e-government, many countries and the international community have formulated numerous policies and new legal regulations. The Chinese government also places great importance on informationization construction, aiming to drive industrialization through informatization and e-government through e-commerce. In 2004, China accelerated the legislative process for e-commerce, with the promulgation of the "Electronic Signature Law of the People's Republic of China" marking a new chapter in China's e-commerce legislation. Since the beginning of research on e-commerce law, I have adhered to two principles: first, using traditional legal principles and knowledge to address new problems brought by the internet in modern business, rather than innovating laws out of novelty; second, studying and understanding the spirit and principles of e-commerce legislation in various countries to creatively solve practical issues in China's e-commerce and propose constructive solutions. Guided by these two fundamental principles, I have completed the writing of two e-commerce textbooks and framework works such as the "Legal Guide to E-commerce." On this basis, I conducted specialized research and published the "Research Report on E-commerce Legislation" (Legal Press, 2004 edition), hoping to build upon this foundation to form a series of "E-commerce Law" works and continuously advance the research on e-commerce and internet law in China.
This book primarily consists of two parts: one on electronic contracts and the other on electronic signatures. The research on electronic contracts began during my time as a visiting scholar in the United States. In May 2003, the American Law Institute and the National Conference of Commissioners on Uniform State Laws held their 80th annual meeting in Chicago, where they adopted the revision of Article 2 of the Uniform Commercial Code (UCC). I attended this meeting and obtained the revised text. This revision of the UCC's Article 2 reflects the latest trends in the modernization of commercial law, integrating new rules for U.S. e-commerce into the Commercial Code, thereby directly addressing the significant challenges posed by e-commerce. Upon returning to China, I immediately began translating and introducing the 2003 revision of the UCC's Article 2. In the section on electronic contracts, in addition to a review report and the translated text included in the appendix, I have incorporated three research studies: one on the formation of electronic contracts, another on a systematic study of the legal application of electronic contracts, and a third on the study of expressions of intent in the formation process of electronic contracts. I hope these research findings will provide readers with new insights and authoritative materials on electronic contracts.
The section on electronic signatures consists of two parts: one is an interpretation of the electronic signature law, while the other two are highly academic and practical research studies. "Solutions for Electronic Records to Be Treated as Paper Records" examines the relationship between the electronic signature law and the principle of treating electronic records as paper records; "Research Report on the Implementation and Application Issues of the Electronic Signature Law" explores the implementation and application challenges of the electronic signature (digital signature) law. These studies can serve as references for China's e-commerce evidence legislation and electronic signature law.
The impact of the internet on business, government, and social affairs is profound and far-reaching, and its influence on law is universal and pervasive. In other words, all legal disciplines will be affected to varying degrees by the internet, which may modify, alter, or even create new rules for traditional legal disciplines. Therefore, the study of e-commerce law also has a diffusive nature, and research now collectively referred to as "e-commerce law" or "internet law" (or similar names) will permeate various disciplines. Perhaps the highest of e-commerce and internet law research is when its findings are absorbed by traditional disciplines, leading to their eventual decline. I hope this series of books can attract more research contributions from experts and scholars, jointly building a platform for e-commerce research.