1. What is an electronic contract?

As the name implies, an electronic contract is an electronic version of a traditional paper contract.

according to the relevant provisions of China's civil code, an electronic version of a contract is a contract concluded by the parties to the contract through electronic data exchange and e-mail. The characteristic of the electronic version of the contract is that it can tangibly express the recorded contents and can be used by the parties at any time.

2. how to sign an electronic contract?

Legal perspective

First of all, the signing of a contract must have legal effect, so as to reflect the significance of the existence of the contract. Article 14 of the Electronic Signature Law clearly states that "a reliable electronic signature has the same legal effect as a handwritten signature or seal".

so, what kind of electronic signature is a reliable electronic signature?

Article 13 of the Electronic Signature Law clearly stipulates:

(1) When electronic signature data is used for electronic signature, it belongs to the electronic signer;

(2) When signing, the electronic signature production data is only controlled by the electronic signer;

(3) Any changes to the electronic signature after signing can be discovered;

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

The regulations of Electronic Signature Law

summarize these four points, namely, true identity, true will, original text unchanged and signature unchanged. That is to say, it is necessary to ensure that the signer's identity is true and accurate, that there is a clear expression of signing intention, and that the original text of the signed document and the signature data itself cannot be tampered with. What meets the above four requirements is a reliable electronic signature.

Operation Angle

Specifically, to sign an electronic contract online and ensure the authenticity and validity of the contract, the following conditions and processes need to be met:

Real identity

After registering on the platform and passing the real-name authentication, users will get exclusive electronic signatures and seals, and have CA digital certificates issued by CA institutions.

Personal real-name authentication methods: face recognition, operator three-factor authentication and bank card three-factor authentication;

enterprise real-name authentication methods: enterprise's corporate payment, enterprise Alipay authentication, legal representative authentication, and legal representative authorization authentication; Before the enterprise real-name authentication, the manager needs to complete the personal real-name authentication first.

online signing

covers all kinds of signing terminals, and supports PC-side, H5, applet and other diversified ways to sign. Users can enter the signing page and initiate the signing directly with local documents or through contract templates.

True Will

In response to Article 16 of the Electronic Signature Law, "If the electronic signature needs third-party authentication, the legally established electronic authentication service provider shall provide authentication services." Therefore, it is necessary to confirm the will through the third-party identity authentication service to meet the real will requirements.

self-party: fill in the signing information in the preset filling area and signing area, confirm the willingness to authenticate and complete the self-party signing;

opposite party: after receiving various signing notices such as SMS, QR code and email, enter the signing page. After browsing the contents of the contract, through real-name authentication, fully express the willingness to sign and complete the signing.

The original text has not been changed, and the signature has not been changed

When signing an electronic contract, the content and form of the signed data message are ensured to be consistent with those in the signing process through technical means such as hash algorithm and trusted timestamp.

HASH algorithm: HASH value is the "unique ID card" of each contract, and different files (even if the contract name is the same) get different HASH values, and the HASH value is irreversible, so the original text cannot be obtained through hash, so any changes to the content and form of the data message can be found after signing.

time stamp: the introduction of time stamp ensures that the content and time of signing are solidified, and also achieves the purpose of tamper-proof of the original text, which is a double guarantee.

the whole process is wound up, which is safe and reliable

the whole process of electronic contract signing is wound up, and the whole process of contract signing is saved in the judicial blockchain in real time through the judicial blockchain of the people's court, and the electronic evidence is directly connected to the authoritative institutions such as Internet courts, notary offices and judicial authentication centers on the blockchain. When a judicial dispute occurs, electronic evidence can be directly verified and used by the court.

through the above steps, the signed electronic contract can be guaranteed to be safe, reliable and have complete legal effect.