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Legal Research on the Issues about Electronic Agent

Author: CaoHaiYan
Tutor: YuMin
School: Southwestern University of Finance and Economics
Course: Law
Keywords: Electronic agent Nature Main identified Contractual capacity The two sides Agent Error Cheat
CLC: D923.6
Type: Master's thesis
Year: 2008
Downloads: 34
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Abstract

With the continuous development of electronic technology, we have started to enter a new era as the medium of communication network. This new e-commerce in the form of civil and commercial transactions came into being, the electronic contract to become the new development in the form of the traditional written contract. In the environment of high-speed, fast e-commerce transactions, the principal or the agent no longer even need to direct negotiations involved, transaction behavior only depends on the parties preset computer program can automatically to complete. This computer program, electronic means or automated means is electronic agent, without human intervention contract to become the new development of electronic contracts. Electronic agent is a title to be human, because it can be executor of meaning similar to the function and role of the agent from the appearance of features on traditional civil law, it is to borrow the title of the agent, and become of the traditional the expansion of the agent defined law. Electronic agent is an extension of the human brain or the manpower, but it does not have to mean capacity and legal personality, so the electronic agent can not be equated to an agent in the traditional sense of the civil law. In the interaction between law and technology, the emergence of electronic agents produce a new legal issues, and the face of the emerging electronic agent technology legal dispute, triggering a new legal thinking. What is the nature of the electronic agent?? Conditions What is the legal status? Identified how the main electronic agent? The electronic agent contractual capacity, What are the characteristics of their contracting behavior? Use of electronic agents broke the tradition face-to-face transactions, making online transactions relative to face even greater trading risks, how to regulate electronic agent error and fraud? distinction Contact This paper analyzes the electronic agent with the traditional civil law tradition agent system, combined with the network characteristics of this virtual transaction space, in order to protect the security of transactions as a starting point to explore the basic legal issues of electronic agents above, and the preliminary design of the e-commerce legislation. The text consists of five parts. The first part, to explore the nature and legal status of electronic agents. This article first introduced the concept of electronic agent of sources, and with an agent in the sense of traditional civil law legal subjects eligible, meaning that ownership of the scope and consequences of the sources, agency purview behavior, consequences occurred, and whether the agent behavior need to examine other aspects of difference analysis of the nature of the electronic agent contact. Comparative analysis of the legal status of electronic agents of the United Nations Commission on International Trade Law the unified electronic signature rules (draft), U.S. Uniform Computer Information Transactions Act and the Australian Electronic Transactions Act \Discussion on different legal status, focusing on parsing the arrival time of China's \certainly the formal validity of the form of a data message contract. The second part, the conditions and the main body of the electronic agent identified to explore. From electronic agents dominate the main conditions of the electronic agent conditions and the electronic agent program conditions start to analyze the electronic agent conditions, focuses on the condition of the contents of electronic agents. Divided into two categories: First, BtoB main mode identified on the main identified. Comparative advantages and disadvantages over the typical body identified mode, to explore traditional industrial and commercial registration practices and tools of the Internet today to facilitate the combination under optimal mode. The main identified CtoC mode. Never rely solely on the virtual main online transactions on its transaction risk is great for the electronic agent counterparty people, this risk is more prominent in CtoC mode, so shall establish an electronic corresponding to the true identity of identity and reality authentication. OTSP own authentication mode and third-party authentication mode analysis and comparison, although third-party authentication mode is more versatile, but this difficulty has two authentication mode implementation, so this article public authority of government intervention, as well as interventions limits and scope of further study. The third part, Contracting and Contracting behavior of electronic agents to explore. Electronic agent has the capacity to conclude treaties is one of the challenges to the traditional theory of contract law, the theoretical basis of the ability of the electronic agent contracting common law system is broadly divided into the willingness theory, reliability theory and trust theory. Most of the international legislation affirmed the treaty-making capacity of the electronic agent, through the analysis of China's \contract \This section focuses on whether minors can be used as electronic agent is disposable, this problem is related to the electronic agent contracting effectiveness and the attribution of responsibility. For the contracting behavior of electronic agents, focuses on the electronic proxy breakthrough for both agency rules, traditional civil and commercial law theory is that both sides agent is difficult to balance the interests of both parties to achieve, so both agents are generally prohibited by the legislation of the various countries or regions . Electronic agent agents both sides, in practice there are many, the author through the analysis that the electronic agent theory is based on mutual agent: both parties agree in advance or afterwards ratified and became both proxy prohibit rules exception. This section also described the relationship between the electronic proxy with electronic intermediary, the electronic proxy prohibit Scope and electronic agents behavior vest. Electronic agent, meaning exactly people mean fully reflect contract through electronic agents, and direct exchange of information between natural persons, entered into a contract, the two are the same, but also reflects the desirability of the parties to the contract, the electronic agent behavior consequences borne its program to use. The fourth part, error and fraud in the electronic agent to explore. In traditional face-to-face transactions, once the error-time error correction is very likely, but electronic agency transactions, electronic agent program to correct the error is not easy, this section focuses on the electronic error responsibility. And analysis of the characteristics of the electronic proxy fraud, the the electronic of agent fraud Relief system perfect. The fifth part, reflect on the legal regulation of electronic agents. Theorists have been debating how to implement the legal regulation of electronic agents, I do not agree with the development of specialized Electronic Transactions Act or electronic proxy method, and put forward their own thinking and the basic proposition of law and technology, more broad and deep level .

Legal Research on the Issues about Electronic Agent

Abstract

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