自动发货交易合同法律问题研究——从一则淘宝网网购事例说起-research on legal issues of automatic shipment transaction contract —— starting from an online shopping case on taobao.docx

华中科技大学硕士学位论文 华 中 科 技 大 学 硕 士 学 位 论 文 Abstract Electronic Standard Contract is one of contract forms that are widely used in Electronic Business transaction. It greatly promotes the efficiency of deal in the network. Trading patterns of Automatic Delivery adapt to this development which is the need to automate the intelligent trading system as a platform for a contract for trading in electronic format based on new trading model. An example of this departure from the side , basing on the development of E-Commerce and the application of “data-message” in our country, the author gives some research to legal problems of Electronic Standard Contract occurring in the network in order to solve those problems in the real life. This paper was divided into five parts. The introduction part illustrated its research background and purpose. The main body part cited example, to define the object of this study and research methods. By the major trading site and trading platform for Automatic Delivery definition, Separately from the service platform agreement, legal aspects, technical aspects such as analysis of its characteristics. Then talked about the concept and basic features of Electronic Standard Contract according to the theory of Standard Contract .Secondly it further analyzed the legal validity of Automatic Delivery according to Civil Law and Contract Law ,including contract forms, subject, declaration of will, offer, acceptance, and electronic agents and other issues, etc . And through contracts with the traditional format of the contract and the theory of foreign clicks compared to highlight the meaning of automatic delivery transactions, said the urgency of the space requirements and high degree of standardization. Through theoretical analysis followed by automatic delivery transactions made the main problems, and it has the electronic agents, electronic error, and other special issues of the legal effectiveness of the induction To reveal the cause of the problem. Final