电子商务的发展及其法律体系的构建

电子商务作为一种新的经济形式,需要构建与之相适应的法律体系以促进电子商务的发展。鉴于电子商务发展受到技术、信用水平的缺陷和法律滞后的阻碍,电子商务立法既要以确定性的安排弥补技术和信用的不足,又要给其发展创造宽松自由的环境;既要反映技术的现状和特征,又不能成为技术进步的绊脚石。构建这样的法律体系需要制定新的法律,也要合理解释原有法律和创制有利于电子商务发展的配套法律规范。

The Development of E-commerce and the Establishment of Its Legal System

A legal system adaptive to E-commerce as a new economic form should be established to boost its development. Considering the barrier to the E-commerce due to defects in technology and credit and the lag of legislation, legislation regarding E-commerce should not only make up for the deficiency of advanced technology and credit, but also create a free and comfortable environment for their development, and not only reflect the present condition and characteristic of technology, but also avoid posing obstacles to its further improvement. To establish such a legal system, we should enact new laws and interpret old ones reasonably as well as create accessorial rules in favor of its development.