With the development of information network, the use of electronic signatures, electronic documents and electronic seals is becoming more and more common, and the emergence of these new things makes transactions more convenient. But some people will inevitably worry about whether these electronic signatures have legal effect. Traditional signatures must be attached to tangible media, but in the process of electronic transactions, documents are formed by sending, exchanging, transmitting and storing data messages, and there is no tangible media. This requires a technical means to identify the two parties to the transaction and ensure the security of the transaction, so as to achieve the same function as the traditional handwritten signature. This technical means that can achieve the same function as handwritten signature is generally called electronic signature. According to the Electronic Signature Law, a document with electronic signature agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature. A reliable electronic signature has the same legal effect as a handwritten signature or seal. In the case of legal use of electronic signature, its effectiveness is mainly manifested in the following aspects: 1. After signing an electronic signature in a legal way, the parties to an e-commerce transaction shall not deny that they are the sender of electronic data. If this data message is legitimate, press 2. The legal signing of electronic signature means that the signer has acknowledged and confirmed the electronic content of the data. If a data message constitutes a legal document, it shall not be denied its approval and confirmation of the contents of the legal document on the grounds of electronic signature. 3. The data message signed by electronic signature shall be regarded as the original even if it changes in the process of transmission or system service. If the data message constitutes a legal document, it should be regarded as not only the original between the parties, but also the original evidence submitted to the judicial or arbitration institution. 4. Electronic signature can completely meet the legal requirements of written signature form of legal acts, and legal acts using electronic signature will not be denied because of the electronic signature form itself. When the offer and acceptance signed by electronic signature conform to the basic rules of contract law, the signing of electronic signature can determine the time and place when the contract is established and takes effect. To sum up, the way of electronic signature will not affect the effectiveness of signature, so legal electronic signature has legal effect.
Legal objectivity:
Article 143 of the Civil Code 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. Article 469 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.