1. What is an electronic contract?

As the name suggests, an electronic contract is the digitization of a traditional paper contract to form an electronic contract;

According to the relevant provisions of my country's Civil Code, an electronic contract is a contract in which the parties to the contract Contracts concluded by means of electronic data interchange, email, etc. The characteristic of the electronic version of the contract is that it can tangibly represent the recorded content and can be accessed by the parties at any time.

2. How to sign an electronic contract?

Legal perspective

First of all, the signing of a contract must have legal effect, so as to reflect the meaning of the contract. Article 14 of the "Electronic Signature Law" clearly states that "a reliable electronic signature has the same legal effect as a handwritten signature or seal."

So, what kind of electronic signature is a reliable electronic signature?

Article 13 of the "Electronic Signature Law" clearly stipulates:

(1) When the electronic signature production data is used for electronic signature, it is exclusive to the electronic signer;

(2) The electronic signature production data is only controlled by the electronic signer when signing;

(3) Any changes to the electronic signature after signing can be discovered;

< p>(4) Any changes to the content and form of the data message after signing can be discovered.

The Regulations of the "Electronic Signature Law"

To summarize these four key points, true identity, true intention, original text not changed, signature not changed. That is to say, it is necessary to ensure that the identity of the signer is true and accurate, that there is a clear expression of willingness to sign, and that the original text of the signed document and the signature data itself cannot be tampered with. A reliable electronic signature must meet the above four requirements.

Operational perspective

Specifically, to sign an electronic contract online and ensure the authenticity and validity of the contract, the following conditions and processes need to be met:

Real identity

After users register through the platform and pass real-name authentication, they will receive exclusive electronic signatures and electronic seals, and have CA digital certificates issued by CA organizations.

Personal real-name authentication methods: face recognition, operator three-factor authentication, bank card three-factor authentication;

Enterprise real-name authentication methods: enterprise-to-business payment, enterprise Alipay authentication, Legal representative certification and legal representative authorization letter certification; before corporate real-name certification, the person in charge needs to complete personal real-name certification.

Online signing

Covers various signing terminals and supports various signing methods such as PC, H5, and small programs. When users enter the signing page, they can directly initiate local files, or Initiate signing through contract template.

True Will

In response to Article 16 of the "Electronic Signature Law" "If an electronic signature requires third-party certification, the electronic certification service provider established in accordance with the law shall provide certification services." Therefore. , it is necessary to confirm the intention through a third-party identity authentication service to meet the true intention requirements.

Own party: Fill in the signature information in the preset filling area and signing area, conduct verification and confirmation of intention, and complete your own signing;

The other party: Receive text messages, QR codes, and emails After waiting for notification of signing in various ways, enter the signing page. After browsing the contract content, pass the real-name authentication, fully express your willingness to sign, and complete the signing.

The original text has not been changed and the signature has not been changed

In electronic contract signing, technical means such as hash algorithms and trusted timestamps are used to ensure that the content and form of the signed data message are consistent with those in the signing process. consistent.

Hash algorithm: HASH value is the "unique ID card" of each contract. Different files (even if the contract name is the same) get different HASH values, and the HASH value is irreversible. Through HASH The original text is unavailable, so only any changes to the content and form of the data message after signing can be discovered.

Time stamp: Introduce timestamp to ensure that the signed content and time are solidified, and also achieve the purpose of anti-tampering of the original text, providing double protection.

The whole process of electronic contract signing is put on the chain, safe and reliable.

The whole process of electronic contract signing is put on the chain. Through the judicial blockchain of the People's Court, the whole process of contract signing is saved in the judicial blockchain in real time. , electronic evidence is directly connected to authoritative institutions such as Internet courts, notary offices, and judicial appraisal centers on the blockchain. When judicial disputes occur, electronic evidence can be directly verified and used by the court.

Through the above steps, the signed electronic contract can be guaranteed to be safe, reliable, and have complete legal effect.