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Electronic contracts have the following advantages over paper-based contracts:
1. Two promotions
Boost efficiency:The whole process of contract drafting, sending, approval and sealing is operated electronically to promote efficient and collaborative work within the enterprise and improve the efficiency of contract circulation.
Elevate management:Realize contract initiation, approval, sealing, access and other operations on multi-terminal equipment, and improve the whole life cycle management of contracts.
2. Two lowers
Cost Reduction:Paperless signing helps simplify the contract management process and eliminates the cost of printing, transportation, and storage of paper contracts. The electronic database helps contract access, archiving and management, and effectively reduces contract operating costs.
Risk Reduction:Digital signatures and information encryption ensure that the content of the contract cannot be tampered with and repudiated. The contract access authority is controllable, and the operation record can be traced, which effectively reduces the hidden dangers of enterprise operation in the contract link.
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Relying on the invisible but more closely connected virtual space, the electronic contract makes the exchange of various resources faster, and the conclusion of transactions and contracts is more efficient.
Reliable third-party platforms can provide time-saving, money-saving, and worry-free electronic contract services, using strict real-name authentication, reliable electronic signatures, advanced third-party time picking, and blockchain tamper-proof technology to ensure the authenticity, legitimacy, and integrity of electronic contracts.
Traditional paper contracts must be used as a medium, which consumes space for storage, and electronic contracts make contract management more convenient. Based on the calculation that one Chinese character occupies 2 bytes, the virtual capacity of 1M can hold 520,000 characters. If you calculate the maximum capacity of A4 paper, you need at least 650 sheets of A4 paper to fill 1M Chinese characters.
The way in which the contract is concluded, whether it is an offer or an acceptance, is carried out through the Internet. At the same time as the offeror presses the confirmation button on its own computer, the other party's computer receives the offer or acceptance almost synchronously, changing the concept of time and place in traditional transactions.
Paper contracts need to be archived, and storage and calling are cumbersome and inconvenient. With the use of electronic contracts, various scenarios can be realized electronically, and the signing and sealing are more convenient, anytime, anywhere, omitting the mailing process.
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In most litigations, paper contracts can effectively protect the rights and interests of the parties, but the efficiency and cost of paper contracts are too high, and often lead to the lack of written evidence when there should be written evidence. At the same time, there are also problems with the authenticity of paper contracts, which are often questioned by the opposing party or lawyers. Many people who have had experience in commercial litigation have encountered such a situation, in the litigation, they take out the contract as evidence, and the opposing lawyer proposes that the contract is forged, in this case, the court will generally require judicial appraisal of the authenticity of the contract, which delays the litigation time, because the authenticity of the paper contract is also very costly, the efficiency is also very low, and it is difficult for ordinary people to identify, so the paper contract is no longer the best choice for the written contract.
Another key concern in the promotion of electronic contracts is information security. I once worked in Junzi Signing Network Company for a period of time, during which coincided with the relocation of the company, and inadvertently saw a large number of paper contracts in the process of relocation, most of which contained the personal information of many departing employees, including address, contact**, ID number, once leaked, it would cause great harm to individuals and the company, it can be seen that the security of paper contracts is obvious, but people are familiar with it, but because they do not understand the security mechanism of electronic contracts, they are overly worried or even directly denied. This is due to people's habitual thinking. Many people think that it is not safe to put information on the Internet, in fact, security has nothing to do with the location and form of storage, for example, electronic money is obviously safer than paper money, and there is no fear of counterfeit money or being robbed, and it is definitely safer to put money in the bank than at home, because the security protection of the bank is professional, and the electronic contract is stored in a financial-grade cloud storage center through encryption, and only the parties can retrieve it with a digital certificate, which is obviously much more expensive and secure than the documents placed in the financial room, so the security of electronic contracts, Display is not a technical problem, but a conceptual problem.
Electronic contracts are superior to paper contracts, not only because they can save a lot of contract printing, express delivery, storage and management costs, but also because after the contract is electronic, it can greatly improve transaction efficiency, reduce transaction costs, promote collaboration and value exchange, and promote the optimal allocation of resources. Signing a paper contract, from reaching a consensus to the completion of the contract signing by both parties, will not only consume a lot of manpower and material resources, but also take a long time, as little as 1 day, as much as 10 days and a half months, and it seems that the society, changing with each passing day, and the excessively long transaction cycle is not only unfair to the first signatory, but also loses more transaction opportunities. Therefore, the replacement of paper contracts by electronic contracts is the inevitable trend of social and economic informatization and digitization, and the infrastructure of e-commerce, which can not only reduce costs, but also drive transactions, ensure security, simplify management, and promote social and economic prosperity and development.
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The differences between electronic contracts and paper contracts are as follows:
Labor cost saving: A contract can be completed by only one person, making full use of human resources and refusing to waste time.
High security: financial-level security, anti-counterfeiting CA digital certificate, face live recognition authentication, encrypted blockchain storage, etc.
Low storage cost: no paper is required, all are deposited by a third-party platform, and backups are automatically generated without taking up space.
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There are generally 5 differences between electronic contracts and paper contracts. They are:
1. The environment in which the contract is concluded is different. The conclusion of traditional contracts takes place in the real world, while the conclusion of electronic contracts takes place in the virtual space; 2. Each link of the contract is different; 3. The form of the contract is different; 4. The rights and obligations of the parties to the contract will also be different; 5. The performance and payment of electronic contracts are more complex than those of traditional contracts. According to Article 4 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts, the people's court shall apply the relevant provisions of the Electronic Signature Law when determining the establishment and validity of an electronic transaction contract. So.
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There are generally 4 differences between electronic contracts and paper contracts. They are: 1. The environment in which the contract is concluded is different.
The conclusion of traditional contracts takes place in the real world, while the conclusion of electronic contracts takes place in the virtual space; 2. Each link of the contract is different; 3. The form of the contract is different; 4. The rights and obligations of the parties to the contract will also be different; 5. The performance and payment of electronic contracts are more complex than those of traditional contracts.
[Legal basis].
Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts》 Article 4 The people's courts shall also apply the relevant provisions of the Electronic Signature Law when determining the establishment and validity of electronic transaction contracts.
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Difference 1: Electronic contracts are concluded through the Internet in the form of data messages.
Difference 2: The electronic contract does not need to be signed in person.
Difference 3: The expression of intent in electronic contracts has the characteristics of electronic.
Difference 4: The carrier of electronic contracts is different from traditional contracts.
Difference 5: Electronic contracts take effect in different ways than traditional contracts.
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Hello, I am a partner lawyer of the platform and have received your question.
A standard contract is a contract that has been prepared by one party for everyone, such as the insurance contract provided by an insurance company, it is a standard contract, and if the standard contract has an exemption clause, the obligations must be clearly stated.
Also known as standard contract, stereotyped contract, and standard contract, it refers to a contract in which one of the parties drafts the terms of the contract in advance, and the other party can only express all consent or disagreement. Therefore, for a party to a standard contract that is not a proposed clause, in order to enter into a standard contract, it is necessary to accept the terms of the contract in its entirety; Otherwise, no contract will be concluded. In real life, bus tickets, ferry tickets, plane tickets, insurance policies, bills of lading, warehouse receipts, publishing, water supply, power supply, etc. are all standard contracts and standard contracts.
A non-standard contract is a contract in which the two parties negotiate on an equal footing to agree on specific terms of the contract.
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Legal Analysis: 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 content contained therein can be tangibly expressed by means of electronic data interchange, e-mail, etc., and the data messages used for reference can be accessed at any time, which shall be deemed to be in written form.
Legal basis: Civil Code of the People's Republic of China
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.
Article 491:Where the parties conclude a contract by means of letters, data messages, etc., and request the signing of a confirmation document, the contract is formed when the confirmation is signed. If the information on goods or services published by one of the parties through the Internet or other information networks meets the conditions for offer, the contract shall be formed when the other party selects the goods or services and submits the order successfully, unless otherwise agreed by the parties.
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