How to sign an electronic contract with legal effect? To sign an electronic contract with legal effect, we must first edit the contract content (or import it directly from a word document) by using an intelligent document design tool. After both parties fill in the relevant contract information and confirm it, Party A will first use the electronic seal (insert an object similar to the size of a U disk into the computer, enter the password twice, click the blank space below the electronic file with the mouse, and print a red company seal at the designated position). After that, Party A transmitted the contract to Party B through the Internet, and Party B stamped the electronic seal in the same way. In this way, the legally binding electronic contract will take effect. I. Ensuring Security According to experts, electronic contracts are more secure than traditional paper contracts. The security of electronic contract mainly comes from electronic seal technology and digital certificate. On the one hand, the contents of an electronic contract cannot be changed after being stamped with an electronic seal, and the electronic seal cannot be used alone. On the other hand, the digital certificate is an online ID card, which can ensure that the signer of the contract and the contract itself are credible. In addition, the electronic contract adopts password verification and encryption in the transmission process to ensure its security. If an electronic contract is tampered with, it will be marked invalid. It is understood that the electronic seal combined with the digital certificate issued by the authoritative organization has double password verification, which fully guarantees the correct identity of both parties to the contract. In transmission, encryption measures will be taken to fully ensure the confidentiality of data. In addition, technically, special reading plug-ins can be provided, which can be used independently to ensure that the contract is not leaked. The secure electronic seal is definitely not only a product of enterprise users, but also needed by more and more individuals in online transactions. Professionals told reporters that in the process of electronic signature, encryption and decryption are needed. The keys used by both parties to the transaction are randomly generated and consist of 1024 bits of garbled code, and the probability of being cracked is zero. Compared with traditional contracts, digital authentication has the advantages of confidentiality of information and integrity of data. II. Legality of Electronic Contract Form Any kind of contract can be protected by law, effective and enforceable only if it meets the requirements of the law. The legislation of various countries mainly requires the legal form to be written, and the biggest feature of electronic contracts that is different from traditional contracts is paperless, so electronic contracts may be considered invalid and unprotected because of their illegal forms. The Model Law on Electronic Commerce adopts a convincing method and is easily accepted by all countries. That is, the functional equivalence method holds that an electronic contract should be regarded as legal as long as it meets the basic functions of a written contract, and should not be limited to whether the contract is paper or non-paper. In fact, written form is just a way to record the contents of the contract. If other methods of recording the contents of the contract are as accurate, complete and verifiable as the written form, it shall be deemed as meeting the legal requirements for the written form. If the reliability of online transaction records is not lower than that of records maintained by other technologies, its legitimacy should not be denied because it is electronic rather than paper. Article 1 1 of China's Contract Law also stipulates that written form refers to contracts, letters, data telegrams, issues related to written form, and the effectiveness of signatures and original evidence. Traditional legislation is formulated for paper contracts, and the so-called original signature evidence is based on paper. Therefore, electronic contracts seem unable to meet these requirements. The following will discuss issues such as signature evidence in electronic contracts. The main function of 1.signature is (1) to indicate the source of the file; (2) indicating that the signatory has confirmed the contents contained in the document; (3) Evidence that the signatory is responsible for the correctness or completeness of the document. Various traditional authentication methods, including signature, provide a certain guarantee for the security, reliability and integrity of transactions, but any authentication method is not complete. Electronic signature, also known as digital signature, is a function designed by technical experts. It uses the key represented by the electronic data password as the electronic signature, and then cooperates with CCA to send a digital certificate to authenticate the private key held by the individual, thus realizing the signature of the parties to the contract. Using modern scientific and technological means such as EDI for authentication is not more unreliable than traditional methods. In fact, the key to the traditional signature requirement is whether the symbols used are signed or adopted by the parties for the clear purpose of authenticating documents, rather than in what form. In other words, the signature can also be replaced by a unique symbol. In fact, the electronic signature and digital signature technology widely used in EDI transactions at present not only have authentication function, but also are more secure and reliable. Just like the signature of a written document, the facts can be confirmed in the process of file transmission. For example, an electronic document is sent by a signer. This electronic document has not been modified since it was published. It can prevent electronic information from being easily modified and tampered with, sending information in the name of others, denying it after receiving it, etc. Therefore, electronic signature should be accepted as an effective signature method. The Model Law on Electronic Commerce also treats the signature of electronic contracts according to the functional equivalence method. 2. The original is relative to the copy, and its original meaning should be the original of the written document. Because the contents of electronic contracts are memorized in the computer in the form of numbers, it is impossible to display them directly like traditional written contracts. With regard to the original text, UNCITRAL suggested that the functional equivalence method used to solve the problem of written form should also be adopted. Judging from the evidence law of most countries, the role of the original is to ensure that the parties can claim their rights or make a defense based on this, authenticate the transaction and become the best evidence possible. In other words, the function of the original is to authenticate the information to maintain its authenticity and credibility. Therefore, as long as it can be proved that EDI messages are indeed information stored or accepted by computers, it can meet the requirements of the evidence law for originals. Therefore, logically speaking, an electronic contract that meets the original function should be regarded as an original. An important function of the original is to submit it to the court as evidence as the basis for trial and determination of responsibility. Generally, electronic information is stored in an electronic computer, and there are two ways to present it to the court (1) and display it on the computer monitor. (2) print it out. According to the questionnaire survey conducted by the United Nations Commission on International Trade Law in 1985, both methods are feasible. As for which is the original, it depends on which form the court accepts. However, China's civil procedure law requires the parties to provide documentary evidence, and they should submit the original, and the copy cannot be used as evidence alone. The computer printout of electronic data can not be regarded as the original, but as a copy or transcript. 3. Evidence law requires contracts or other civil acts to be in written form, mainly based on the evidence function of written form. Because written materials can be kept for a long time, any modification or increase or decrease will be noticed. However, electronic data is easy to be tampered with, leaving no trace and not easy to be detected, which leads to a series of problems, such as whether electronic data can be as evidential as traditional written evidence? Can the data stored in the computer be accepted as evidence by the court in the event of a dispute between the parties? Since an electronic contract can exist, it can certainly be proved, so its evidential force is undeniable. Whether a data message has sufficient evidential force mainly depends on whether it meets the following requirements of the law: (1) objectivity. The data message as evidence must be an objective fact. Although data message exists in material form, its value lies in content, so the objectivity of data message lies in whether the content is reliable, while fictional and tampered data message is not objective. The objectivity of data message mainly starts from two aspects: (a) the source of information, that is, who provided the information or the information generated; (b) The integrity of information refers to the integrity of information content and the standardization provided. There are strict rules for computer operation, including that the operator is strictly controlled and the system is not operated by illegal personnel. (2) correlation. Evidence is essentially related to the facts involved, which ensures the objectivity, scientificity and legitimacy of the reorganization method and process. Only by closely surrounding the facts and strictly following the operating procedures can this requirement be achieved; (3) legitimacy. It is necessary to collect and verify the true facts according to law. When the internal system of a computer works, its internal data is often in memory, which needs to be fixed in a certain way and copied to storage tools such as floppy disks. Therefore, according to the law, it is necessary to search the necessary computer systems related to the case. Especially in the computer network, you must never enter other local area networks that have nothing to do with the collection of case facts. The seizure of computer storage media should be carried out according to the characteristics of the industry without damaging the electronic information related to the facts of the case. In the case of satisfying the above characteristics, electronic data is evidential, otherwise the legitimate rights and interests of the parties will not be protected by law, and this trade will be difficult to develop. There is no provision on electronic contract evidence in Chinese law. The seven kinds of evidence stipulated in the Civil Procedure Law also do not include electronic data. There is no electronic data evidence in the Supreme People's Court's judicial interpretation. Judging from the judicial practice, we haven't found any cases in which electronic data is used as evidence to finalize contract disputes. However, in some intellectual property disputes, there are problems involving electronic data. For example, in the case of infringement and breach of contract of Sunshine Company v. Bacai Company, which is known as the first case of network intellectual property rights in China, the object of dispute between the two parties is electronic data, but neither the judge nor the parties directly take electronic data as evidence, but take the notarization conclusion as the main basis for finalizing the case. In other words, at least at present, it is difficult for electronic data to exist as evidence alone. The basic attitudes of the Model Law are as follows: First, it is determined that data messages can be used as evidence, and its evidential force cannot be denied just because it is a data message. Second, whether the evidence of data messages can be used in court like written evidence depends on various circumstances. With the advent of the electronic age and the rapid acceleration of network speed, the network will be closely related to our lives. Online shopping, online trading, online payment, online banking, online currency, etc. It will also become an enduring topic. A series of legal issues such as trade, contracts and disputes caused by netizens' online behavior will also emerge continuously. At present, the legislation in this field at home and abroad is not perfect, which requires countries and some international economic organizations to update their concepts, strengthen the sorting out of existing laws and create new legal systems, so as to promote the development of network economic activities, ensure the safety of electronic transactions and earnestly safeguard the legitimate rights and interests of the parties. To sum up, it seems that the current market transaction form has been eliminated. In the past, both parties had to be present and sign and seal the paper contract of the entity to determine the relationship between the two parties. However, because many transactions are now conducted online, the form of electronic contract has emerged, which is not only convenient but also better preserved on an effective basis.