1. The written effect of electronic contracts 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 in the network. The reason is:

1. Anything that meets the function of written form, whether it is "paper" or "electronic data", can be regarded as written form;

2. Acknowledge the legal effect of electronic contracts. The most basic function of traditional paper written form is to keep the information contained in it for long-term reference; 3. The original data message in traditional written form refers to the information that was attached to paper media for the first time and has not been changed since then.

Secondly, China's Civil Procedure Law stipulates the evidential effect of electronic contracts:

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.

Three, the main function of confirming the validity of electronic contract signature is

(1) indicates the source of the document;

(2) indicating that the signatory has confirmed the contents contained in the document;

(3) Evidence that the signatory is responsible for the correctness or completeness of the document.

It can also confirm the facts in the process of file transmission like the signature of a written document. Electronic information is generally stored in a computer, and there are generally two ways to present it to the court.

(1) is displayed on the computer monitor;

(2) print it out. The domestic practice is to submit the original, and the copy cannot be used as evidence alone. Computer printed copies of electronic data cannot be regarded as originals, but belong to copies or transcripts.

(1) An electronic contract has the legal effect in written form. We don't have a legal definition of "document", but the traditional view is that it is in written form and can provide some information. However, with the development of electronic contracts, many countries have realized the necessity of using laws to determine their effectiveness. The Joint Commission on International Trade Law adopted the Model Law on Electronic Commerce in June 1996, which pointed out that because digital information has the possibility of being cited in the future and can undertake the task of writing documents, its legal effect, validity and enforceability should not be denied just because it is digital information. Electronic evidence and electronic contract The traditional written contract documents that determine the rights and obligations of both parties to a transaction are replaced by electronic documents stored in computer equipment, and these electronic documents become electronic evidence. Therefore, electronic evidence is also called computer evidence. Article 9 of the Model Law on Electronic Commerce stipulates that no party may deny the admissibility of a data message as evidence on the grounds that its form is not the original.

(II) Effectiveness of Electronic Signature and Formation of Electronic Contract According to Article 32 of the New Contract Law, a contract can only be formed when both parties sign or seal it. The traditional electronic contract may not have a formal written text. At this time, the so-called signature and seal will have a new concept and way, that is, electronic signature. Just as a traditional contract only takes effect after being signed and sealed, if the electronic signature is invalid, it will not make the electronic contract take effect. Confirmation of the validity of electronic contract evidence Article 69 of China's Civil Procedure Law stipulates that the people's court shall distinguish the authenticity of audio-visual materials, and examine and determine whether it can be used as the 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. Because electronic evidence is easy to be forged and tampered with, and because of human factors and technical conditions, it is easy to make mistakes, so electronic evidence should also be classified as indirect evidence. 1. Printed electronic evidence recognized by both parties shall be recognized as evidence; 2. For disputed electronic evidence, the electronic signature should be checked first. If they are consistent, they shall be deemed to have been sent and received by the person with the electronic signature. 3. If the parties only submit the printed draft, and the original has been permanently deleted from the computer, the printed draft cannot be used as the basis for finalizing the case unless the other party approves it, because it is impossible to judge whether it is the original; From the above introduction, we can know that electronic contracts and paper contracts have the same legal effect in China, and can appear as evidence such as electronic data in litigation.