Education, Science, Technology, Innovation and Life
Open Access
Sign In

The Dilemma and Countermeasures of the Judicial Application of Electronic Contracts in the Digital Age

Download as PDF

DOI: 10.23977/law.2022.010201 | Downloads: 80 | Views: 1264


Xu Zhang 1


1 Law School, Wuhan University, Wuhan, 430072, China

Corresponding Author

Xu Zhang


Like everything else in the digital age, sacred handwritten and signed documents are becoming relics. Nowadays, Electronic transactions have become the norm rather than the exception. Almost any type of contract is drafted and executed electronically. In the conduct of this transaction, frequent transaction information is recorded electronically, Transaction subject is virtualized, at the same time, it also brings the double legal dilemma of contracting subject and electronic contract error to the current legal system construction of electronic contract. The characteristics of the conclusion and execution of electronic contracts in the digital age are obviously different from those of traditional contracts. Therefore, According to the important characteristics of the electronic contract itself, we should formulate the corresponding judicial practice norms, only in this way can we better regulate the contracting behavior of electronic contracts, So as to ensure the effective and healthy implementation of electronic contracts. Finally, it will promote the benign development of China's unified market. 


The digital age, Electronic Contracts, Regulation path


Xu Zhang, The Dilemma and Countermeasures of the Judicial Application of Electronic Contracts in the Digital Age . Science of Law Journal (2022) Vol. 1: 1-9. DOI: 10.23977/law.2022.010201.


[1] [US] Joseph Schumpeter. Theory of Economic Development, Translated by He Wei and Yi Jiaxiang et al., The Commercial Press 2019.
[2] Meng Qinguo, Qi Aimin. Information Technology and Contract Form. Law Science, 2002.
[3] Liang Huixing. Study on the Jurisprudence and Legislation of Civil Law Doctrine, Law Press, 2003. 
[4] He Qisheng. Private International Law of Electronic Commerce, Law Press, 2004. 
[5] Lin Ruizhu. Development and reform of Electronic contract in knowledge economy, Peking University press, 2005. 
[6] John K. Halvey. Computer Law and Related Transactions, ACM Books, 1994, 565-96.
[7] Li Shuangyuan, Wang Hailang. Study on Some Issues of E-commerce Law, Peking University Press, 2003. 
[8] Zhang Dingjun. On Meaning Representation in Electronic Contract. Social Science, 2002. 
[9] Zhang Chu. Preliminary discussion on E-commerce Law, China University of Political Science and Law Press, 2000. 
[10] Zhang Chu, Ed. Course of E-commerce Law, Tsinghua University Press, 2005. 
[11] Wang Liming. Discussion on Some Problems OF Legal Act System. Chinese Law, 2003. 

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.