Legal analysis
Electronic contracts have the same legal effect as paper contracts, and can appear as evidence such as electronic data in litigation. The written effect of electronic contract In the paperless e-commerce world, the written effect of electronic contract is not simply a matter of transplanting traditional contract norms into online transactions, but how to rebuild norms with similar legal value to traditional contracts in the network. The reasons are as follows: anything that meets the function of written form, whether paper or electronic data, can be regarded as written form; Recognizing the legal effect of electronic contract, the most basic function of traditional paper written form is to keep the information contained in it for long-term reference; The original data message in traditional written form refers to the information attached to paper media for the first time and has not been changed since then. The people's court shall distinguish the authenticity of audio-visual materials and examine whether it can be used as a basis for ascertaining facts in combination with other evidence in this case. It can be seen that audio-visual materials cannot independently and directly prove the facts to be proved, which belongs to the category of indirect evidence. Electronic contract is an agreement between e-mail and electronic data exchange, which clarifies the rights and obligations of both parties. Electronic evidence should be classified as indirect evidence because it is easy to be forged and tampered with, and it is easy to make mistakes due to human factors and technical conditions. Therefore, electronic contracts are endowed with evidential effect.
legal ground
Article 469 of the Civil Code of People's Republic of China (PRC) * * * The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.