(1) E-commerce law takes merchants' industry practices as its normative standard.
(2) E-commerce law has the natural characteristic of transcending any national boundaries, geographical, globalization. These two points are characteristic of merchant law.
E-commerce law as a new field of commercial law, in addition to the above qualities, compared with other commercial legal system, there are also specific features:
1, program: e-commerce law as a form of transaction law, it is the substantive law of programmatic norms, mainly to solve the problem of the form of the transaction, generally does not directly involved in the transaction of the specific content. The form of electronic transactions, refers to the specific electronic means of communication used by the parties; and the content of the transaction, is the interests of the parties to the transaction, manifested in certain rights and obligations.
2, technical: in e-commerce law, many legal norms are directly or indirectly by the evolution of technical norms. Technical norms of coercive force, derived from its objective regularity, it is the main source of contemporary natural law, the ideal of empirical law can only be accepted, and can not be defied.
3, openness: from the principle of civil and commercial law, e-commerce law is the legal system on the expression of the meaning of data telecommunications, and data telecommunications in the form of diversity, and is still developing. Therefore, it is necessary to treat any technological means and information media with an open attitude, and to set up open norms so that all ideas and techniques conducive to the development of electronic commerce can be accommodated. Specifically manifested in: the openness of the basic definition of e-commerce law, the openness of the basic system, as well as the openness of the legal structure of e-commerce in three aspects.
4, complexity: e-commerce transaction relationship of complexity, derived from its technical means of complexity and dependence. It is usually manifested in the parties must be assisted by a third party, to complete the transaction activities. For example, in the contract, the need for network service providers to provide access services, the need for certification bodies to provide digital certificates and so on.