Legal analysis
An electronic contract, also known as an e-commerce contract, is an agreement between two or more parties to conclude, change and terminate the civil rights and obligations of property through an electronic information network. As long as both parties understand the status and legal effect of the contract, and the behavior truly reflects their inner meaning of effectiveness, that is, its meaning of effectiveness is consistent with the expression of behavior, and the signed contract does not violate the law, then it has legal effect. A legally effective electronic contract must meet the following conditions: First, the electronic contract must be signed through a third-party signing platform to ensure the fairness of the signing process and the validity of the results. Second, the signing of electronic contracts must use the digital certificate provided by a legitimate CA, that is, a reliable electronic signature, to ensure the authenticity of the signer's identity, the integrity of the content and the legitimacy of the digital signature. Thirdly, the basic condition of reliable electronic signature technology is that the certificate used to sign electronic contracts must be issued by a certificate issuing authority trusted by ADOBE, so as to ensure that the signed PDF file shows "credible signature" in ADOBE reader, and the validity of the contract is automatically verified by ADOBE reader, which is universal.
legal ground
Article 143 of the Civil Law of People's Republic of China (PRC) is valid if a civil juristic act meets the following conditions: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
People's Republic of China (PRC) Electronic Signature Law Article 3 In civil activities, the parties may agree to use or not use electronic signatures and data messages in the contract or other documents and materials. A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message. The provisions of the preceding paragraph shall not apply to the following documents: (1) Personal relations such as marriage, adoption and inheritance are involved; (two) involving the cessation of water supply, heating, gas supply and other public utilities services; (3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.