Concept of electronic commerce law
1. the concept of e-commerce law: e-commerce law refers to the general name of legal norms regulating social relations arising from e-commerce activities, and it is a new comprehensive legal field. Relevant laws and regulations of international e-commerce include: Report on Computer Recording Legal Value, Model Law on Electronic Fund Transmission, Model Law on E-commerce, Implementation Guide of Model Law on E-commerce, and Concept of E-commerce Law: E-commerce law refers to the general name of legal norms regulating social relations arising from e-commerce activities, and it is a new comprehensive legal field. Relevant laws and regulations of international e-commerce include: Report on the Legal Value of Computer Records, Model Law on Electronic Fund Transmission, Model Law on E-commerce, Implementation Guide of Model Law on E-commerce, and Uniform Rules for Electronic Signature, etc. 2. Adjustment object of e-commerce law: E-commerce law is a normative system for adjusting commercial relations formed by data messages as trading means. The definition of data message given by the United Nations Commission on International Trade Law in the Model Law on Electronic Commerce is: "For the purposes of this Law, data message refers to information generated, sent, received or stored by electronic means, optical means or similar means, including but not limited to electronic data interchange (EDI), e-mail, telegram, telex or fax". When data messages are used as trading means, they should generally be adjusted by e-commerce. 3. The nature of e-commerce law 1) E-commerce law is both arbitrary and mandatory. The arbitrariness norm is mainly embodied in the e-commerce transaction law, which gives the transaction subject full choice and embodies the will of the parties; The mandatory norm shows that it requires the parties to act or not to act within the scope prescribed by law, and violation of this provision will be subject to compulsory sanctions by the state. Violation of e-commerce law has not only civil liability, but also administrative and criminal liability. 2) The expression form of e-commerce law is statute law, and the Model Law on E-commerce formulated by the United Nations Trade Commission is expressed in the form of statute law. E-commerce law should be composed of a series of written laws and regulations, which is the general name of legal norms regulating e-commerce activities. 3) E-commerce law is international. Its legal framework should not be confined to one country, but should be applied to international economic exchanges and be recognized and observed internationally. 4. The status of e-commerce law The status of e-commerce law refers to the question of which legal department the e-commerce law belongs to in the whole legal system. Traditionally, e-commerce law belongs to the category of civil and commercial law, but some people think that e-commerce law should belong to a brand-new and independent legal category.