The signing of electronic contracts is different from paper contracts, and there is no need to print or hand-write signatures and seals. Although the whole process is online, there are still quite a few roles involved, and these roles play an important role in the effectiveness of electronic signatures. For example, the third-party electronic signature platform and CA institutions need to authenticate the identity of users, and the third-party electronic signature platform also needs to provide reliable electronic signature technology to ensure the effectiveness of electronic signatures. Finally, the third-party electronic signature platform also needs to provide legal services such as deposit and certification, online arbitration, etc., to meet the various needs of users in electronic contract storage and contract disputes.

Second, the entry into force of electronic contracts.

As a special form of contract, the entry into force of electronic contract requires the following legal conditions:

1. There are two or more parties to the contract.

The contracting party refers to the person who actually concluded the contract, which can be either the future party to the contract or the agent of the party to the contract. As for the validity of electronic contracts concluded by natural persons without corresponding civil capacity, some people think that from the perspective of protecting the interests of innocent parties, people without or with limited capacity to use telecommunications should be regarded as people with capacity.

However, this will undoubtedly encourage the emergence and proliferation of irresponsible behaviors on the Internet. Not only will the original intention of protecting the innocent party not be realized, but it will harm the interests of both parties, which is also inconsistent with the main purpose of the system of no capacity for civil conduct and limited capacity for civil conduct. Therefore, an electronic contract in which one party lacks the corresponding capacity for civil conduct should also be deemed as invalid or uncertain.

2. Electronic means truth.

That is, using information processing system or computer to express true meaning. The expression of will consists of two factors: one is the subjective element of internal meaning, and the other is the objective element of external expression of this consciousness. However, with the development of science and technology, the parties can express the meaning of offer or acceptance in a mechanical or automatic way.

Today, with the development of the Internet, computer programs or hosts "express their will" within their programming scope, while the parties are totally not involved in the process of expressing their will. This is an "electronic agent". An electronic agent shall independently represent or accept an individual's will, and the individual he represents shall bear corresponding legal responsibilities.

3. The establishment of a contract should have two stages: offer and acceptance.

The way of concluding a contract in China must go through two stages: offer and acceptance, and reach an agreed expression of will. The offer of electronic contract refers to the expression of the ideologist's intention to conclude a contract with others through the network. A promise made through the Internet is usually a response to an offer on the Internet.

The promisor can make a promise by email or click. If you only negotiate online, but make a promise offline through face-to-face signing or telephone and telegraph, it still belongs to the promise in general contract conclusion, not the promise in electronic contract conclusion.