Legal analysis
As can be seen from its definition, an electronic contract is a contract concluded electronically, that is, a contract concluded online through the Internet, which is different from our traditional paper contract in the form of conclusion and contract carrier. Traditional paper contracts can not be concluded without paper printing, express delivery, fax, e-mail and face-to-face negotiation. Electronic contracts can be signed online with the other party only through the third-party electronic contract platform on the Internet, without printing paper, express delivery or fax. This is one of the most important features of electronic contracts. In the traditional paper contract, most people will choose to sign it face to face, for one thing, it has a sense of ceremony to establish a contractual relationship, and for another, signing it face to face can guarantee the true identity of the other party. With the rapid expansion of enterprises, the frequency of signing contracts in different places is getting higher and higher. Signing contracts through online instant messaging software and express delivery has gradually become one of the more cost-saving and operable ways for enterprises. On the other hand, electronic contract adds reliable electronic signature technology on the basis of instant signing, which can ensure the true identity of the two parties who have never met in the virtual Internet environment, and is safer and more convenient than communication software and express signing. In the traditional paper contract, both parties determine the contents and terms of the contract through video, telephone and interview, while in the process of electronic contract, both parties can express their wishes electronically and their documents can also be exchanged through the Internet. Information such as contract content is recorded in computer or disk, and its modification, circulation and storage are all carried out in computer. Meanwhile. Electronic data on which electronic contracts depend are easy to disappear and change, while legal electronic contracts that comply with laws and regulations will prevent the risk of electronic contracts being tampered with and forged through effective encryption technology, making them complete, unique and effective, and can be accepted by judges. Traditional paper contracts generally take paper as the carrier. Even the "electronic contract" signed by instant messaging software will be printed and archived. As an electronic contract is a data message, its modification, circulation, signing, storage and other processes are all carried out through the Internet, and contract management can be realized without printing it as a physical object.
legal ground
Article 512 of the General Principles of Civil Law of People's Republic of China (PRC) * * * For an electronic contract concluded through information networks such as the Internet, if the subject matter is the delivery of goods and delivered through express logistics, the time for the consignee to sign for it is the delivery time. The object of an electronic contract is to provide services, and the time specified in the generated electronic certificate or physical certificate is the time to provide services; If the time is not specified in the above vouchers or the time specified is inconsistent with the actual time of providing services, the actual time of providing services shall prevail. If the subject matter of an electronic contract is delivered by online transmission, the time when the subject matter of the contract enters the specific system designated by the other party and can be retrieved and identified is the delivery time. 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.