A Brief Analysis of the Legal Status of Electronic Agents in Commercial Transactions

Abstract

With the continuous advancement of technology, online transactions have gradually become the predominant mode of commerce in society. Currently, a new type of transaction facilitator has emerged in online transactions, known as electronic agents. This specialized concept and its legal definition originated in Western countries, and China has also adopted this concept. Electronic agents cannot be construed as natural persons, nor can they be fashioned as legal entities. They are merely tools capable of executing the will of individuals, albeit with some distinctions from conventional transaction tools. Establishing the legal status of electronic agents can reduce conflicts and contradictions related to online transactions in our current lives, facilitate the development of automated electronic transactions, and promote the rapid progress of our society. Currently, legislation in China in this regard remains uncharted territory, yet our lives are already enveloped by these online transactions. This has resulted in the inability to reach a unanimous resolution for many disputes involving electronic agents in our daily lives, leaving judges to resolve issues based on fundamental legislative principles or relevant legal provisions. The party employing the machine is often an organization with superior cognitive abilities compared to individuals. Therefore, we should consider electronic agents as their employees, and the actions they take should be the responsibility of legal or non-legal entities. It is essential to prioritize the protection of the weaker party as much as possible.