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电子合同的订立,是在计算机网络中进行的,当事人通过数据输入进行要约、承诺,以网络传输进行送达。合同的订立过程是数据电文交换,用计算机之间的“对话”来完成订约过程。这种以互联网为平台,以信息交换为手段的交易方式的兴起和繁荣,对传统交易方式带来了冲击。作为信息时代产物和电子商务活动的重要工具的电子合同,其迅速发展和广泛应用提高了商业交易的效率,但由于相关立法的相对滞后,由此也产生了大量的法律问题。
The conclusion of electronic contract is carried out in the computer network, the parties through the data input offer, commitment, delivery by network transmission. The conclusion of the contract is the exchange of data messages, the use of computer “dialogue” to complete the contract process. The rise and prosperity of such trading methods using the Internet as a platform and information exchange as a means have impacted the traditional trading methods. The rapid development and wide application of electronic contracts, as an important tool in the information era and e-commerce activities, have increased the efficiency of commercial transactions. However, due to the relative lag of related legislation, a great deal of legal issues have also arisen.