Study on the civil law rule in the electronic commerce between businesses and consumers

通过对日本B2C电子商务的比较法律研究以及对案例和商业实践的分析，得出以下内容：对于B2C来说，重要的是要确保确认上述人（委托人）的系统的安全性和可靠性。而对被保险人（委托人）必须承担风险的理由的判断，在法律判断中具有重要意义。参与电子支付的人们之间的关系变得清晰起来。在讨论该规定的影响时，必须考虑到以下几点。（一）该条款必须经当事人同意，才能成为合同的内容。(2)必须考虑硬件和软件的现有水平。在技术发展的同时，也必须考虑到法律问题。对于B2C来说，需要的冷却时间比邮购要高。在B2C.5中就冷却问题提出了具体的立法建议。对德国民法修订工作进行了分析。通过分析，说明了我国电子商务立法和法律修订中存在的问题。

The following contents about the electronic commerce between businesses and consumers (B2C) are produced from the comparative legal researches and the analyses of case and commercial practice in Japan.1. As for B2C, it is important to secure the safety and sureness of the system in which the said person (principal) is confirmed. And the judgment of the reason why the said person (principal) must take risk is important in legal judgment.2. Relations between the people concerned in the electronic payment became distinct.3. The following must be taken into consideration when the effect of the provision is discussed. (1) The agreement of the person concerned about the provision is necessary so that provisions may become the contents of the contract. (2) The present level of the hardware and the software must be taken into consideration. (3) Legal issues must be taken into consideration on the occasion of development of technology as well.4. As for B2C, the need of the cooling-off is higher than in the mail order. Concrete legislation proposals were made about the cooling-off in B2C.5. The civil law revision work in Germany was analyzed. Problems in the legislation and the law revision about the E-commerce were explained through this analysis.