중국 전자상거래법상의 계약법제에 관한 고찰 -전자상거래 계약성립을 중심으로-

The size of China’s e-commerce market is growing, and the pace of growth is fast, and the entry barrier to foreign investors is not as high as other service sectors. However, due to the failure of the e-commerce law to regulate e-commerce, many legal disputes arose in the e-commerce process and legal risks played a negative role in the business management and investment environment. Since e-commerce disputes have been settled by General Provisions of the Civil Law, Contracts Act, and Consumer Rights Protection Act, there has been a constant need to enact e-commerce laws that reflect the transactional or contractual characteristics of e-commerce, apart from the relevant civil law. Nevertheless, e-commerce Law of the People’s Republic of China was enacted after five years of prolonged discussion and revision and has been in force since January 1, 2019. This article focuses on the regulations related to the formation of e-commerce contracts in the recently enforced e-commerce law. The main issues are the scope and the subject, the formation of e-commerce contracts under the e-commerce law of China, and the related precedent. By analyzing the legal issues related to the formation of e-commerce contracts, in particular, this paper finally aims to provide useful implications for responding to legal risks in the process of e-commerce contracts and enhancing legal predictability.