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(三)合同成立的特别法制度合同成立制度的法律渊源不仅指合同法,同时也存在一些特别法制度。最为典型的是根据电子签名法成立的电子商务合同和根据拍卖法、招投标法成立的合同。而且按照特别法优于一般法的规则,电子签名法、拍卖法及招投标法的效力高于合同法制度。在买卖合同《解释》中规定,法院在按照合同法的规定认定电子交易合同的成立及效力的同时,还应当适用电子签名法的相关规定。即涉及到对电子商务合同是否成立及确认其法律效力时,既要受合同法调整,又要受电子签名法的规范。可靠的电子签名与手写签名或者盖章
(C) the establishment of a special contract system The legal origin of the contract formation system not only refers to the contract law, but there are also some special legal systems. The most typical is based on the electronic signature law e-commerce contract and the establishment of the contract under the auction law, bidding law. Moreover, according to the rules that the special law outperformed the general law, the effectiveness of the electronic signature law, auction law and bidding law is higher than that of the contract law system. In the “explanation” of the contract of sale, the court stipulates that the court shall, in accordance with the provisions of the contract law, determine the establishment and validity of an electronic transaction contract and at the same time apply the relevant provisions of the electronic signature law. That is related to the establishment of e-commerce contracts and confirm its legal effect, it is necessary to be adjusted by the contract law, but also by the electronic signature of the law. Reliable electronic signature and handwritten signature or stamp