Our country is actively carrying out legislative work on electronic signatures, and the "Electronic Signature Law of the People's Republic of China" came into effect on April 1, 2005. This is known as "China's first truly e-commerce law." Its implementation has largely eliminated the online credit crisis, strengthened the security of e-commerce, and can also reduce costs and improve efficiency. Introducing relevant content to you.

1. The main contents of my country’s Electronic Signature Law my country’s “Electronic Signature Law” adopts a broad concept of electronic signature. Article 2 of the Law stipulates: “The term “electronic signature” as used in this Law refers to the data contained in a data message in electronic form and attached to identify the identity of the signer and to indicate that the signer recognizes the contents. The term “data message” as used in this Law , refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means. "This article provides similar provisions on the concept of electronic signatures as the United Nations Model Law on Electronic Signatures. According to the provisions of this article, the concept of electronic signature includes the following contents: electronic signature is data appearing in electronic form; electronic signature is attached to the data message. An electronic signature can be an integral part of the data message or an appendage to the data message. It has a certain logical relationship with the data message and can link the data message with the electronic signature; the electronic signature must be able to identify the signer and indicate the signer. Recognize the content of the data message associated with the electronic signature. According to the provisions of this article, electronic signatures can take many forms, such as digital images of handwritten signatures attached to electronic documents, including images formed using biometric handwriting recognition methods; issuing passwords and computer passwords to the recipient to verify the identity of the sender; Use specific biometric identification tools, such as fingerprints or iris perspective identification. No matter what technical means are used, as long as it meets the requirements specified in this article, it is an electronic signature as referred to in this law.

2. The relevant provisions of the "Electronic Signature Law" on the legal validity of electronic signatures. my country's "Electronic Signature Law" adopts an eclectic legislative model on the legal validity of electronic signatures: it stipulates that the parties agree to use The legal effect of electronically signed documents shall not be denied because of the use of electronic signatures; it is stipulated that reliable electronic signatures have the same legal effect as handwritten signatures or seals; it is stipulated that parties may choose to use electronic signatures that meet the reliable conditions agreed by them; Based on the internationally recognized mature technology, certain security conditions and standards are recommended as standards for reliable electronic signatures. According to the provisions of this Law, an electronic signature will have the same legal effect as a handwritten signature or seal if it meets the conditions for a reliable electronic signature legally or as agreed upon by the parties. Article 32 of my country's "Contract Law" stipulates: "If the parties conclude a contract in the form of a contract, the contract is established when both parties sign or seal it." The "signature" here refers to the signature in the general sense, that is, the parties The Contract Law does not stipulate whether an electronic contract must be signed or sealed by the parties before it can be established, making the issue of electronic signatures an internal issue of the parties. Article 33 of the "Contract Law" also stipulates: "If the parties conclude a contract in the form of letters, data messages, etc., they may sign a confirmation letter before the contract is established, and the contract is established when the confirmation letter is signed." Therefore, as for the form of the contract, signature or seal A signature is a legal form requirement for the establishment of a contract. For other written forms such as letters and data messages, the Contract Law does not make such mandatory requirements (it does not rule out that other laws have such requirements). The parties can agree to use signatures as part of the contract. formal requirements for establishment. It can be seen that my country’s Contract Law does not provide for the legal validity of electronic signatures. It is worth noting that when determining the written nature of an online arbitration agreement reached through correspondence, the written form does not need to be signed by both parties. In letters, there are autographs of the parties involved, but in electronic communication methods such as telegrams, telexes, faxes or emails, it is unrealistic to have the autographs of the parties concerned and can only be confirmed in other ways. In a commercial arbitration agreement reached by exchanging letters or correspondence, the parties usually inform the other party of their specific arbitration opinions. If both parties agree, the exchange of letters or correspondence itself constitutes the agreement of both parties on the intention to arbitrate, proving that Agreement between the parties is recognized or one party accepts the opinions of the other party.

Some scholars believe that no matter what technical means are used for electronic signatures, as long as the generation and transmission of data messages can be guaranteed to be appropriate and reliable under specific circumstances, the effectiveness of the electronic signature should be recognized by the law. The "Electronic Signature Law" implemented in our country also recognizes the legal effect of electronic signatures from a legislative perspective. Therefore, in online arbitration, a new arbitration method formed by the use of electronic information technology, the disputing parties submit their disputes to the arbitration institution through e-mails. These e-mails themselves represent the unanimous intention of the disputing parties to arbitrate. However, emails have the disadvantage of being easily forged and tampered with. Electronic signatures of both parties to the dispute are an effective means to enhance network security.