New business models continue to replace the things we take for granted and bring greater convenience to business operations themselves. This change was true when bills and insurance appeared back then, and it is even more true today when we face more revolutionary advances, such as electronic signatures. The following will take you through the scope of application of the Electronic Signature Law, and you are welcome to read it.
1. The scope of application of the Electronic Signature Law is known to all. The "Electronic Signature Law of the People's Republic of China", which was reviewed and passed in August 2004 and officially implemented in April 2005, regulates electronic signatures and electronic contracts in our country. Basic law of legal practice. As a typical transplanted legislation, the Electronic Signature Law draws lessons from the legal norms of developed countries and regions, and Article 3 is particularly obvious. Please read Article 3 of the "Electronic Signature Law": For contracts or other documents, documents and other documents in civil activities, the parties may agree to use or not use electronic signatures and data messages. If the parties agree to use electronic signatures or data messages for documents, their legal validity shall not be denied simply because they are in the form of electronic signatures or data messages. The provisions of the preceding paragraph do not apply to the following documents: (1) involving personal relationships such as marriage, adoption, inheritance, etc.; (2) involving the transfer of real estate rights and interests such as land, houses, etc.; (3) involving the cessation of water supply, heat supply, gas supply, power supply, etc. Public utility services; (4) Other situations stipulated in laws and administrative regulations where electronic documents are not applicable.
2. Does the electronic signature have legal effect? ??When the original bill is issued with a redemption certificate, officials need to appear to testify, strengthen credit, and endorse the bill. If the merchant who uses the bill defaults, he will also be held accountable. Coercive force is the driving force for the bill to be effective. Electronic signature is a new thing in the eyes of many people, but the country's legislation in this area is very advanced. As early as 2005, the "Electronic Signature Law of the People's Republic of China" has been officially implemented. Article 14 of this law stipulates: “A reliable electronic signature has the same legal effect as a handwritten signature or seal.” What is a reliable electronic signature is stipulated in Article 13: “An electronic signature must meet the following requirements at the same time: Conditions are deemed to be reliable electronic signatures: (1) When the electronic signature production data is used for electronic signature, it is exclusive to the electronic signer; (2) The electronic signature production data is only controlled by the electronic signer when signing; (3) Signature Any subsequent changes to the electronic signature can be discovered; (4) Any changes to the content and form of the data message after signing can be discovered. "In addition, Articles 10 and 11 of the "Contract Law of the People's Republic of China" recognize that. Data messages serve as the legal carrier of the written form of the contract; Article 116 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" recognizes the legal status of electronic data as a type of statutory evidence. The legal effect of electronic signatures is based on these legal provisions. The above is an introduction to the scope of application of the Electronic Signature Law. Electronic contracts do not have a physical image and can be seen but not touched, challenging the traditional perception of the audience that "seeing is believing and hearing is false". The security of electronic contracts is the most frequently asked question. However, as a cross-border product between high technology, the Internet and law, the security of electronic contracts is much higher than that of traditional forms of contracting.