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由于电子格式合同的内容采用数据形式,订立过程虚拟化,合同条款单方拟定,因此带来诸多法律问题。电子格式合同形式的无纸化导致取证的困难,电子签名的安全性受到质疑,合同成立时间不确定,以及电子错误的责任承担需要进一步明确。本文指出加强对在线交易企业资格的审查,可以保证交易的安全;扩大接受合同条款的一方审查合同内容的范围,有助于双方意思表示的真实。同时,建议接受合同条款的一方在合同订立后获得一个合理的“犹豫期”保证合同订立的公平。
As the content of the electronic format contract adopts the form of data, the process of virtualization is concluded, and the terms of the contract are unilaterally drafted, thus bringing about many legal issues. The paperless form of the electronic format contract has led to difficulties in obtaining evidence, the security of the electronic signature has been questioned, the timing of the establishment of the contract has been uncertain, and the responsibility for electronic errors needs to be further clarified. This article points out that strengthening the examination of online trading enterprise qualifications can ensure the security of transactions; expanding the scope of the parties accepting the terms of the contract to review the contents of the contract will help the true meaning of both parties’ representations. At the same time, the party that proposes to accept the terms of the contract obtains a reasonable “hesitation period” after the conclusion of the contract to ensure the fairness of the contract.