电子商务合同违约救济方式探析

The Research on Remedies of Breach of E-commerce Contract

伴随着计算机应用技术及通讯技术的不断发展,在商务合同应用领域中电子商务合同的违约救济方式这一法律研究课题已经成为研究重点。从电子商务合同的法律意义出发,明确了电子商务合同定义及性质,并对电子商务合同的各国法律制度进行了比较分析;着重论述了电子商务合同特有的违约救济方式——电子自助及其在线解决机制等。研究电子商务合同特有的违约救济方式,对我国电子商务合同违约救济方式法律应用的发展,有着一定的借鉴意义。

Along with the development of computer application and communication technology,the legal problem of relief measures for breach of contract has become a research focus in the field of the application of e-commerce contract. In this paper, the legal significance of e-commerce contracts has been illustrated,a clear definition of e-commerce contracts has been given and their nature has been described. Meanwhile, laws on e-commerce contracts in different nations have been compared. This paper focuses on the unique e-commerce contract breach remedy of electronic self-service and on-line settlement mecha- nism. The study on this special remedy method of E-commerce contract breach may provide reference to the development of law application concerning the remedy method of e-commerce contract breach in China.