Legal analysis
Contract locks are used for electronic signatures, electronic seals and electronic signatures. When it comes to electronic seal, many people may not accept it, but China has already promulgated relevant laws: since 1999, the country has gradually improved legal documents in the field of electronic signature application, and contract law, electronic signature law and cryptography law have been promulgated one after another, laying a legal foundation for the popularization and application of electronic seal. More than 20 state organs such as the Ministry of Public Security, the Ministry of Industry and Information Technology, the Ministry of Justice, the Ministry of Education, the Ministry of Housing and Urban-Rural Development, the Supreme Court, the National Development and Reform Commission, the China Banking Regulatory Commission, the China Securities Regulatory Commission, the Taxation Bureau, the People's Social Security Bureau, the Ministry of Education, the Statistics Bureau, the Maritime Safety Administration and the Market Supervision Administration have issued policies to promote the application of electronic signatures. Legal and effective electronic signature behavior should meet the requirements of "true identity, true will and tamper prevention". In addition, the Regulations on the Administration of Electronic Seal promulgated in various places further require the standardization of the electronic seal itself, mainly including that the graphic features of the electronic official seal should be consistent with the physical seal, and the electronic official seal and the electronic private seal should be completely consistent with the real name. Combined with the current judicial practice cases, it is suggested that it is best to be certified by a third-party certification institution with corresponding qualifications. Because the third-party certification body has the ability to certify electronic seals and electronic signatures, once a dispute occurs, it will play a positive role in judging the authenticity of documents in the trial process.
legal ground
Article 13 of the Electronic Signature Law of People's Republic of China (PRC) shall be regarded as a reliable electronic signature if the electronic signature meets the following conditions at the same time: (1) When the electronic signature is used for electronic signature, it belongs exclusively to the electronic signatory; (2) When signing, the electronic signature production data is only controlled by the electronic signer; (3) Any changes to the electronic signature after signature can be found; (4) Any changes to the content and form of the data message after signature can be found. The parties can also choose to use electronic signatures that meet their agreed reliable conditions.