Legal analysis
According to relevant regulations, the contract referred to in this law is an agreement between natural persons, legal persons and other organizations with equal subjects to establish, change and terminate the relationship of civil rights and obligations. According to the classification of e-commerce transaction objects, e-commerce can be divided into four categories: commercial commerce. Commercial consumers. Commercial government agencies. Consumer government agencies. Among them, business-to-business e-commerce is carried out between enterprises, business-to-consumer e-commerce is carried out between enterprises and consumers, and business-to-government e-commerce is carried out between enterprises and government agencies. For example, government agencies can publish the list of office supplies purchased online, and enterprises can reply electronically to determine suppliers through selection. For another example, government agencies can implement e-government plans and provide enterprises with services such as tax payment, electronic business license, export quota bidding and import and export license application through the Internet. E-commerce between consumers and the government is conducted between individuals and government agencies, such as the distribution of individual social welfare funds and individual tax payment. No matter what kind of e-commerce activities are mentioned above, their essence is the establishment, alteration and termination of civil rights and obligations between natural persons, legal persons and other organizations that belong to equal civil subjects, and they are all contractual relationships. Therefore, the subjects of these e-commerce activities are bound to be adjusted by the new contract law. This contract shall be established 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 method, which is electronic signature. With the solution of the technical problems of electronic signature confirmation, it is necessary to confirm its effectiveness through legal recognition. At present, e-commerce certification centers are generally established in the world to prove and identify the authenticity of electronic documents. According to relevant laws and regulations, the definition of signature has been expanded to include electronic signature. Nowadays, electronic contracts are used more and more frequently in economic exchanges, which also highlights its importance. As for the effectiveness of electronic contracts, as long as they are signed within the scope of relevant laws and regulations, then electronic contracts have legal effect, which will protect the interests of all parties and restrain their behavior.
legal ground
Article 469 of the Civil Code of People's Republic of China (PRC) * * * The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.