Are electronic contracts already widespread? Are electronic contracts also contracts?

It may be too early to say that it is fully popularized, but it has been widely used in many industries, and with the strong support of policies, it is not far from popularization.

Recently, 13 departments including the state issued the "Opinions on Supporting the Healthy Development of New Formats and New Models and Activating the Consumer Market to Drive the Expansion of Employment", and the "Opinions" pointed out that the development of convenient online office should be encouraged. Promote the improvement of the infrastructure for digital applications such as electronic contracts, electronic invoices, electronic seals, electronic signatures, and electronic certifications, and provide effective support for the best office.

There should be no popularization, but it has penetrated into many industries.

If you often follow the news, you will probably find that there are more ** departments that use electronic signatures.

A casual search for news on the Internet can easily see that a certain public institution has enabled electronic signatures.

The electronic signature is an important part of signing the electronic contract.

Let's take a look at the current status of electronic contract development:

In 2019, the number of electronic contracts signed in China was about 27.9 billion, with a year-on-year growth rate of 317%. With the in-depth development of government informatization reform, the electronic signature industry will continue to benefit, and the scale of electronic contract signing is expected to continue to grow. In 2020, the scale of electronic contract signing is expected to reach 50 billion.

Under the guidance and promotion of policies, as a general-purpose enterprise service, it has accelerated its penetration into various industries, especially in the fields of human resources, real estate, logistics, manufacturing, etc., and the penetration rate has increased rapidly.

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What is the future of the electronic signature industry?

Electronic signing is a contract mode that has been popularized and promoted in recent years, which uses information encryption technology to directly affix signatures or seals to electronic documents, and form legally effective contracts or agreements in the form of electronic documents. At present, although the concepts of electronic contract and electronic signing have not yet been fully popularized in China, the signing and management mode of electronic contract has gradually been recognized by more and more industry users with its advantages of high efficiency and low cost. In terms of legal effect, it is the same as a traditional written contract.

Yes. The annual lease is also a written contract and is also valid.

Electronic contracts: have the same legal effect as paper contracts.

An electronic contract is 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. To put it simply, an electronic contract is a form of contract that can be directly signed and sealed in the form of electronic files realized by technical means.

The "Specification for the Process of Entering into an Electronic Contract Online" stipulates that a legal and effective electronic contract refers to the data message formed by the parties through the third-party electronic contract conclusion system on the Internet, and a reliable electronic signature technology is adopted.

China's "Electronic Signature Law" clearly stipulates that "electronic signatures that can be relied upon have the same legal effect as handwritten signatures or seals", and electronic signatures need to be authenticated by a third party in order to be recognized by legitimate electronic authentication service providers.

Yes, an electronic contract is an agreement between two or more parties to establish, change and terminate the relationship of property civil rights and obligations in electronic form through the electronic information network. Electronic contract is a form of contract signing recognized by law, an electronic contract loaded with reliable electronic signatures, third-party time services, anti-tampering and other technologies Zheng Hexun has the same legal effect as paper contracts, Zhongxin Sign (is an authoritative and reliable third-party electronic contract service platform, providing one-stop electric tape contract signing services.

An electronic contract is a form of electronic contract, which refers to an agreement reached by two or more parties to establish, modify or terminate a certain civil rights and obligations relationship in electronic form through the Internet.

According to Article 512 of the Civil Code:

If the subject matter of an electronic contract concluded through the Internet or other information networks is the delivery of goods and the delivery is made by express logistics, the consignee's signature time is the delivery time. If the subject matter of the electronic contract is the provision of services, the time indicated in the generated electronic voucher or physical voucher is the time of provision of services; Where the aforesaid voucher does not indicate the time or the time indicated is inconsistent with the actual time of providing services, the actual time of providing services shall prevail.

Where the parties to an electronic contract have otherwise agreed on the manner and time of delivery of goods or provision of services, such agreement shall prevail.

Electronic contract, as the name suggests, is to electronicize the traditional paper contract to form an electronic version of the contract;

According to the relevant provisions of China's Civil Code, an electronic contract is a contract concluded by the parties to the contract by means of electronic data interchange, e-mail, etc. The electronic version of the contract is characterized by the fact that it can tangibly represent the content of the record and can be accessed and used by the parties at any time.

An electronic contract is a kind of written contract form stipulated in the Civil Code, which refers to an agreement reached by two or more parties in electronic form through an electronic information network to establish, change prudently, delay and terminate a certain civil rights and obligations.

The electronic wide plum contract includes identity authentication, digital certificates, electronic signatures, time stamps, evidence preservation and legal support and other services, and its legal effect is the same as that of paper contracts, but unlike paper contracts, electronic contracts can be initiated, signed, filed and managed throughout the process, without printing.

Yes. Electronic contracts are also contracts.

Electronic contracts are in writing. However, certain conditions need to be met. According to the relevant laws and regulations, the parties may enter into a contract in written form, and the data messages contained in the contract can be tangibly expressed by means of electronic digital chain exchange and electronic mail, and can be retrieved at any time for reference, which shall be regarded as written form.

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 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.

Legal basis: Civil Code of the People's Republic of China Article 502 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Electronic contracts are in writing. China's Civil Code (effective as of January 1, 2021) has expanded the traditional form of written contract to the form of data message. Article 469 of the Law provides:

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.

This effectively gives electronic contracts the same legal force as traditional contracts.