一、存在的问题随着电子商务的发展,经济生活中出现了一种新型的合同形式——电子合同。电子合同是指平等民事主体之间通过电子信息网络、以数据电文的形式达成的设立、变更、终止民事权利义务关系的协议。电子合同虽然适应了现代社会快捷、简便的要求。但由于其是以虚拟的网络为依托,合同当事人双方完全通过计算机进行合同的订立,双方无法充分了解交易相对方的年龄、智力等信息,也无法对这些信息进行实质性的审查。同时,我国的合同法、民法通则等法律法规虽有涉及电子合同的相关规定,但关于未成年人的电子缔约能力和电子合同主体资格等专门性的问题仍然存在空白,尤其是大部分专门的网上购物网站的用户协定很少提及交易主体资格及法律效力的规定,网上交易的安全及交易双 First, the existing problems With the development of e-commerce, economic life has emerged a new type of contract - electronic contracts. Electronic contract refers to the agreement between equal civil subjects through the electronic information network and in the form of data messages to establish, change and terminate the civil rights and obligations. Although the electronic contract to adapt to the modern society, quick and easy requirements. However, due to its virtual network, both parties to the contract made the contract completely through the computer. Both parties can not fully understand the age and intelligence of the counterparty in the transaction and can not substantively examine the information. At the same time, there are still some problems in our country, such as the contract law and the general rules of civil law, which are related to the electronic contract. However, there are still some gaps in the specialty of the electronic contracting power and the subject of the electronic contract. Especially, Online shopping site user agreement seldom refers to the main qualifications of the transaction and the legal effect of the provisions of the online transaction security and trading double