电子合同对中国《合同法》的挑战

中国合同法对电子合同的规定简单、笼统，难以调整现实中大量存在的电子合同关系。本文在总结电子合同的特点，订立过程中的形式、要约和承诺规则，电子签名等问题的基础上，结合国内外相关立法，就电子合同封中国《合同法》的挑战作一讨论，希望能有助于後行者的深入研究。

The Challenge of Electronic Contract against the Chinese Contract Law

It is very difficult to adjust the relationship of electronic contract in true life because the rule of electronic contract in Chinese Contract Law is so simple and general. In order to help the following researchers to go further, this paper investigates the legislation both in and outside China, and then discusses the challenge of electronic contract against Chinese Contract Law, based on study of the characteristic of electronic contract, the form of the contract in course of concluding, the rule of agreement and promises, and also the electronic signature and so on.