电子商务模式下国际货物买卖合同的订立及规范

Legal Issues on the Conclusion of the Contract of International Sales of Goods in the E-commerce Age

通过进行新的电子商务立法,或者对CISG等规范传统国际货物买卖的法律规范进行扩张性解释,可以在一定程度上回应电子商务的冲击;但是,在国际货物买卖合同的订立中仍有一些未决的问题甚至法律空白,诸如身份认证、电子签名等。

With the rapid development of information technology, e-commerce has now been widely adopted in international trading transactions. However, the traditional legal systems, such as the CISG, have made poor response to this situation and some kinds of serious issues have accordingly occurred. Focusing on these issues relating to the conclusion of the contracts of international sales of goods, this article discussed the current and potential obstacles in real business, reviewed the key issues in e-commerce contract legislation, and then put forward some proposals mainly from the Chinese perspective.