According to the provisions of Articles 5 to 8 of the Electronic Signature Law, electronic contracts that lock the true identity of the signer, effectively prevent document tampering and accurately record the signing time are legally recognized.
Article 10 of People's Republic of China (PRC) Contract Law stipulates that the parties may conclude a contract in written form, oral form and other forms. If laws and administrative regulations stipulate that it should be in writing, it should be in writing. If the parties agree to use written form, it shall be in written form.
Article 11 A written form refers to a form that can tangibly express the contents of contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and e-mails).
Article 5 of the Electronic Signature Law of People's Republic of China (PRC) stipulates that data messages that meet the following conditions shall be deemed to meet the original form requirements stipulated by laws and regulations:
(1) can effectively express the contents contained in it, and can retrieve references at any time.
(2) It can reliably ensure that the content remains complete and unchanged from the time it is finally formed.
Extended data:
Case: 2065438+September 8, 2006, a shoe factory borrowed 800,000 yuan in a county through "Caiyuan Credit Link".
Due to the need to renew the loan on September 8, 20 17, on August 6, 20 17, Li went to a printing factory in Pingxiang and asked Liu to make three electronic products, such as "People's Government of a county", "State Taxation Bureau of a county" and "Local Taxation Bureau of a county", at the price of 130 yuan.
The next day, Li handed the loan application review form to the leading group office of a county Caiyuan Credit Cooperative for loan extension. Later, the office staff found that the official seal was forged and called the police.
Anyuan District Court held that the defendants Li and Liu forged the seals of state organs, which hindered the social management order and infringed on the normal management activities and reputation of state organs, and their actions constituted the crime of forging the seals of state organs.
In the crime of * * *, the two defendants cooperate in division of labor, and the crime is completed by * * *, so it is not appropriate to divide the principal and the accessory. Both defendants can truthfully confess their criminal facts after being brought to justice, and can be given a lighter punishment. According to the criminal facts, nature, circumstances and the degree of harm to society of this case.
Li Yin was sentenced to three months' criminal detention, suspended for six months and fined RMB 2,000. Liu was detained for three months and fined 2000 yuan.
China Court Network: Two defendants were sentenced and fined for engraving fake electronic seals.