Urgent What are the most important laws promulgated by the United Nations in the development of e co

The most important piece of law is the Model Law on Electronic Commerce

It took five years for the United Nations Law Commission to develop the Model Law on Electronic Commerce. Generally speaking, it belongs to the type of basic law on e-commerce, which is mainly based on electronic signatures, and is divided into two parts: general provisions and sub-provisions, the sub-provisions are very small, and the content of the general provisions focuses on the legal effect of data messages, and makes basic provisions on the concept, legal effect, sending and receiving of data messages, and their attribution.

Through these provisions, the Model Law establishes the five basic principles of the electronic commerce legal system, which constitute the cornerstone of the electronic commerce legal system and become the core content of the e-commerce legislation of various countries, and are constantly supplemented and improved by various countries. These principles are: the principle that a data message satisfies the requirement of "written form" under certain conditions, the principle that an electronic signature is equivalent to a traditional signature and seal under certain conditions, the principle that a data message meets the legal requirements for "original" under certain conditions, the principle that the evidentiary force of a document cannot be denied simply because it is a data message, and the principle of the validity of offers, promises and contracts in the form of data messages.

The purpose of the Model Law is to facilitate and facilitate the use of electronic commerce through the establishment of these principles and to provide computer-based information-based users with the same legal treatment as paper-based users, which is essential for electronic commerce. It is on the basis of the Model Law that the legislative activities of e-commerce in various countries have been vigorously promoted, and the uniformity and compatibility of the legal system have been well maintained. So, from this perspective, we might as well liken the Model Law to a standard in international electronic commerce legislation.

As a basis for the Model Law, the 2000 Uniform Rules for Electronic Signatures of the United Nations Law Commission on the Law Committee of the United Nations have far fewer problems to solve, and the Uniform Rules mainly have three main aspects: first, it emphasizes the need to treat signature technology without discrimination; Second, some conditions have been set for judging whether an electronic signature is reliable; The third is to specifically regulate some behaviors of service providers and signatories in electronic authentication. Through further provisions in these aspects, on the basis of the principle of "functional equivalence", certain improvements have been made from the perspective of regulating the use of electronic signatures.

For example, the Uniform Rule states: "An electronic signature is considered reliable if:

In the case of the use of an electronic signature, the electronic signature is signed in a manner that relates only to the signatory and not to another person; At the time of signing, the manner in which the electronic signature is signed is under the control of the signer and not of another person; ......In this way, the regulations on electronic signatures are more complete and scientific. Such an approach can be said to be the result of summarizing the practical experience of the past five years after the promulgation of the Model Law, and should be used as a reference for the e-commerce legislation of various countries in the future.

There is no doubt that the former is the basis of e-commerce legislation.

Electronic Signature Law and the Development of E-commerce in China.

Abstract: The so-called electronic signature refers to the data contained in electronic form in the data message, which is attached to identify the identity of the signatory and indicates that the signatory approves the content therein. Electronic signatures use certain encryption technology to convert the signer's information into an encrypted state, and decrypt and restore it when needed.

After an electronic document is electronically signed, it can be used to identify the identity of the signatory and whether the content of the document is the original content recognized by the signatory.

The Model Law on Electronic Commerce, adopted at the 29th annual session of the United Nations** and the Commission on Development in 1996, is the world's first law on electronic commerce so far.

What are the implications of international e-commerce legislation?

The basic principles of the legislation of the E-Commerce Law of the People's Republic of China are as follows:

1. The principle of coordination, e-commerce legislation should fully learn from foreign advanced legislative experience, coordinate with international legislation, make legislation in line with international standards to the greatest extent, and avoid hindering the development of e-commerce due to excessive emphasis on national legislative power and national conditions;

2. The principle of advancement, the development of e-commerce is inseparable from the support of relevant technologies;

3. The principle of compatibility, which means that e-commerce legislation should be compatible with the past, present and possible technical means and technical standards in the future;

4. The principle of security refers to the fact that e-commerce legislation should fully consider the needs of e-commerce for transaction security;

5. Encourage and promote the principle, the 2l century is the era of network and e-commerce, and e-commerce will play a pivotal role in economic development.

6.The function is the same as the original rules.

The meaning is that when electronic documents, negotiable instruments or other documents have the same function as traditional paper documents, negotiable instruments or other documents, their legal effect should be affirmed and treated equally in law.

7.The principle of media neutrality.

It means that the law should treat transactions equally whether they use paper media or electronic media (or other media), and should not be treated differently or given different legal effects depending on the media used in the transaction.

8.The principle of technical neutrality is next to the principle of Mingxiang.

It refers to the fact that the law treats the technical means of e-commerce equally, does not limit the use or prohibition of what kind of technology, and does not discriminate between specific technologies in terms of legal effect.

9.The principle of minimality.

It means that e-commerce legislation is only to remove existing obstacles to e-commerce, not to establish a new systemic law on e-commerce in a comprehensive manner, but to enact new laws on e-commerce to the smallest extent possible, and to apply existing laws to e-commerce as much as possible.

Depending on the content of the business activity, e-commerce mainly includes indirect e-commerce (electronic ordering and payment of tangible goods, which still need to be delivered through traditional channels such as postal services and commercial courier vehicles), and direct e-commerce (** ordering, payment and delivery of intangible goods and services, such as certain computer software and entertainment products, or information services on a global scale);

According to the scope of electronic transactions, e-commerce can be divided into regional e-commerce, remote domestic e-commerce, and global e-commerce.

Depending on the type of network used, e-commerce can be divided into e-commerce based on special value-added networks (EDI), internet-based e-commerce, and intranet-based e-commerce.

Legal basis

E-Commerce Law of the People's Republic of China

Article 3. The state encourages the development of new forms of e-commerce, innovating business models, promoting the research and development, promotion and application of e-commerce technologies, advancing the establishment of a creditworthiness system for e-commerce, creating a market environment conducive to the innovative development of e-commerce, and giving full play to the important role of e-commerce in promoting high-quality development, meeting the people's growing needs for a better life, and building an open economy.