Is the electronic version of the contract valid? Whether the contract is valid or not if it is elect

Article 11 of the Contract Law of the People's Republic of China stipulates that "written form refers to the form in which the contents of the contract, letters, and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed." It shows that China's law recognizes that the signing of contracts includes the form of electronic data, and recognizes the legal status of electronic contracts. The parties to conclude a contract in the form of electronic data shall not deny the validity and enforceability of the contract solely on the ground that the offer and acceptance of the contract are realized through data messages.

There is no doubt about the probative power of electronic contract evidence in judicial practice.

As a written form of contract, when an electronic contract is used as evidence, it should first be judged whether the contract is validly established. Electronic contracts need to meet the requirements for the validity of the contract. According to the provisions of the Contract Law of the People's Republic of China, the validity of a contract must be established in accordance with:

1) The parties to the contract are legitimate, that is, the parties to the electronic contract have the corresponding capacity for civil conduct; (2) the intention of the parties to the contract is true, that is, the parties to the electronic contract have truly expressed their inner intention of effect, and the meaning of the effect is consistent with the performance behavior; (3) The content of the contract is legal, that is, the content of the electronic contract does not violate laws and regulations or the public interest; (4) The subject matter of the contract is clear and probable, that is, the content of the offer and acceptance of the electronic contract must be clear and performable.

In addition, as a special written form of contract, the electronic contract signed by ** also needs to meet other requirements, that is, the reliability of the electronic signature. Article 13 of China's Electronic Signature Law stipulates that "if an electronic signature meets the following conditions at the same time, it shall be regarded as a reliable electronic signature: (1) when the electronic signature production data is used for electronic signature, it is the exclusive property of the electronic signer; (2) The electronic signature creation data at the time of signing is controlled only by the electronic signer; (3) Any alteration of the electronic signature after signing can be discovered; (iv) Any changes to the content and form of the data message after signing can be detected.

According to the laws of China, any electronic signature that meets the above four conditions can be recognized as reliable and has the same effect as a handwritten signature.

The electronic version of the contract is legally valid, and the electronic version of the contract is made in electronic form, and the signed agreement has the same legal effect as the paper contract.

According to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish a labor relationship. Article 11 of the Labor Contract Law of the People's Republic of China clearly stipulates that written form refers to the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

The above-mentioned provisions of the Labor Contract Law of the People's Republic of China essentially give electronic contracts the same legal effect as traditional contracts. If the contract in electronic form has the same legal effect as a traditional paper contract, the employment contract in the electronic version of the data should also have the same legal effect as the traditional paper labor contract.

Your situation is dealt with from the aspect of offer and acceptance, you make an offer, and the other party gives a completed electronic version of the contract, and if the electronic version of the new contract is the same as your initial opinion, it will be regarded as an acceptance and the contract will be formed. If the electronic version of the contract is different from your original intention, it will be regarded as a new offer. If it is a new offer, and you and the other party have not signed the contract, but you have actually performed the contract, indicating that you have made the promise of the other party's new offer, the contract is established.

Now, the most effective way is to have a record of communication between the two parties, and the most important record is the electronic version of the record sent by the other party. If the electronic version sent by the other party is sent by e-mail, the e-mail should have a record of the e-mail and a record of the attachments, which can be proved. It is more difficult to reproduce the original content of the email through instant messaging (e.g., QQ).

So, look for records, look for evidence.

Moreover, before finding valid evidence, it is not recommended to rush to file a lawsuit, arbitration, etc., because there will be a question of whether it will be accepted or not accepted without factual reasons, and even if it is accepted, will it be supported. It's too presumptuous, and it is a waste of money and money that can't get a result.

On the issue of the validity of the electronic version of the contract, the Supreme Court has a judicial interpretation that if there is no abridged electronic version of the contract, it can be recognized as a valid contract after certification, and you have performed in accordance with the contract, and if the two parties fail to reach a successful negotiation, you can apply to the labor arbitration commission for arbitration.

If you don't have a seal and no signature, it's invalid, and it's valid, and that money isn't enough for you to go to Suzhou to sue, and it's not even kung fu money.

How to sign a contract online.

After the third-party platform has signed the contract in accordance with the steps for signing the contract, the electronic contract is valid. What is the law on signing a contract online, it is valid to sign a contract in accordance with the law.

1.The law stipulates that electronic contracts are legal.

According to Article 11 of the Contract Law of the People's Republic of China, written form refers to the form in which the contents of the contract, letters and data messages (including telegrams, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

According to the above provisions, the contract can be concluded online, and whether the contract is effective or not is another issue, which is closely related to the civil rights and civil conduct capacity of the parties to the contract, and whether the content of the contract violates the mandatory provisions of the law.

2.The law provides for the elements of an electronic contract.

According to the relevant law, the Electronic Signature Law stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal! An electronic signature is considered a reliable electronic signature if it meets the following conditions at the same time:

1) When the data for the creation of electronic signatures is used for electronic signatures, it is the exclusive property of the electronic signatory;

(2) The electronic signature creation data at the time of signing is controlled only by the electronic signer;

(3) Any alteration of the electronic signature after signing can be discovered;

(iv) Any changes to the content and form of the data message after signing can be detected.

Electronic contract signing is generally done through a third-party platform, because it is necessary to ensure that the signed contract has legal effect and meets the function of evidence storage and collection.

The law expressly stipulates that electronic contracts and paper contracts have the same effect.

The Electronic Signature Law clarifies the legality and validity of electronic signatures:

Article 3: The parties may agree to use electronic signatures or data messages in contracts or other documents, documents, and other documents in civil activities.

Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.

The Contract Law recognises the written form of data messages:

Article 10 The parties shall conclude a contract in written, oral and other forms.

Article 11: Written form refers to the form in which the contents of contracts, letters, and data messages (including telegrams, telex, faxes, electronic data interchanges, and e-mails) can be tangibly expressed, and the Criminal Procedure Law explicitly includes electronic data as evidence in criminal proceedings.

Article 48: All materials that can be used to prove the facts of a case are evidence.

An electronic contract refers to an agreement between two or more parties to establish, modify, or terminate a relationship of property civil rights and obligations in electronic form through an electronic information network.

From a legal point of view, a valid electronic contract must meet two conditions at the same time: the parties to the contract have been authenticated by their real names and use reliable electronic signature technology. An electronic signature that satisfies the three conditions of locking the true identity of the contracting entity, effectively preventing document tampering, and accurately recording the signing time can be called a reliable electronic signature.

Electronic contracts have the same legal effect as paper contracts, but not all electronic contracts signed in any form are legal and valid.

1. The original data message can reliably maintain the integrity of the content and tamper-proof, and meet the requirements of the original form and document preservation stipulated by law;

2. Electronic signature, which can identify the signer and signing time, is tamper-proof, and meets the requirements of effective electronic signature stipulated by law;

3. The identity has been validly authenticated by a third party and meets the certification requirements stipulated by law;

However, due to the cumbersome and costly process of ordinary individual or enterprise users to achieve the above conditions, which is contrary to the original intention of electronic signing to speed up and reduce costs, ordinary users only need to choose a reliable third-party electronic contract formation system to sign a valid electronic contract. This is also in line with the provisions of the Ministry of Commerce in the "Specification for the Process of Forming Electronic Contracts**": "Only by entering into an electronic contract through the electronic contract formation system of a third party (electronic contract service provider) can the fairness of the process and the validity of the results be guaranteed".

If the contract is electronic, it can also have the corresponding legal effect. However, this does not mean that an electronic contract is necessarily a valid contract. To determine whether a contract is legal and valid, it is necessary to determine according to the content of the contract.

Specifically, if the parties to the electronic contract are all civil subjects with corresponding civil capacity, and the content of the contract conforms to the true intention of the parties, and there is no content that violates the mandatory provisions of laws or administrative regulations, then the electronic version of the contract is also valid. In addition, it should be noted that in daily life, civil subjects usually sign contracts orally or in writing. However, Article 469 of China's Civil Code also stipulates that the parties may conclude a contract through other forms.

Article 465 of the Civil Code of the People's Republic of China provides that contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. Article 469:Article 469:The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

The electronic version of the contract has the effect of the law of the law for the following reasons:

1. Evidentiary effect of electronic contractsAccording to the relevant laws and regulations, the people's court shall distinguish the authenticity of the audio-visual materials, and review and determine whether they can be used as the basis for determining the facts in combination with other evidence in the case. It can be seen that audio-visual materials cannot directly prove the facts to be proved alone, and belong to the category of circumstantial evidence.

2. An electronic contract is an agreement in which the relationship between mutual rights and obligations is clarified by e-mail and electronic data interchange, and electronic evidence should also be classified as indirect evidence because electronic evidence is easy to be forged and tampered with, and it is easy to be affected by human reasons and technical conditions. Electronic contracts are thus given evidentiary effect.

Legal basis: Article 469 of the Civil Code of the People's Republic of China.

Where the custodian of assets does not perform escrow duties, infringes upon the property rights and interests of the missing person, or loses the ability to manage the property, the interested parties of the missing person may apply to the people's court to change the custodian of the property.

Where the property custodian has a legitimate reason, he may apply to the people's court to change the property custodian.

Where a people's court changes the custodian of property, the person in custody of the changed property has the right to request that the original custodian of the property, Youshu, promptly hand over the relevant property and report on the situation of the escrow of the property.