What Is Electronics Contract Manufacturing?

Electronic contract, also known as electronic commerce contract, is based on the United Nations International Trade Law Commission's "Model Law on Electronic Commerce" and the electronic transaction laws promulgated by countries around the world. At the same time, combined with the relevant provisions of China's "Contract Law", electronic contracts can be defined as An agreement reached by two or more parties in electronic form through an electronic information network to establish, change, or terminate a property civil rights and obligations relationship. According to the above definition, it can be seen that electronic contracts are contracts concluded electronically, which mainly refers to a kind of clear relationship between the parties' rights and obligations in the form of data messages, emails, etc. in order to achieve a certain purpose under network conditions. Electronic agreement.

Electronic contract

Electronic contracts, also known as e-commerce contracts, are based on the United Nations Commission on International Trade Law

With the development of electronic technology, electronic contracts have emerged due to their convenient and economical transmission.

A civil legal act

Electronic contract

A promise, also known as an offer or acceptance, refers to the intention made by the offeree to agree to the content of the offer and to be willing to enter into a contract with the offeror. Article 21 of China's "Contract Law" stipulates: "A commitment is an expression of the intention of the offeree to agree to the offer." The meaning indicates whether the following requirements are required:

1. The promise must be made by the offeree to the offeror.

2. The commitment must be a clear expression of consent to the offer.

3. The content of the promise cannot make substantial changes to the content of the offer.

4. Commitments should be made within the effective period of the offer. If the offer does not stipulate a time limit for commitments, if the offer is made in a dialogue manner, the commitment shall be made immediately; if the offer is made in a non-dialogue manner, the commitment shall be made within a reasonable period of time, and the parties agree otherwise.

Withdrawal of an undertaking means that the offeree withdraws the undertaking after it has issued the notice of undertaking before the undertaking is formally effective. According to Article 27 of the Contract Law: "The commitment can be withdrawn. The notice of withdrawal of the commitment shall be before the notice of the commitment reaches the offeror or the notice of the commitment shall reach the offeror at the same time." Therefore, the notice of withdrawal of the commitment must reach Withdrawal will only take effect if the offeror arrives at the same time as the notice of commitment. If the undertaking notice has come into effect and the contract has been established, the offeree cannot of course withdraw the undertaking. The academic community has different views on the withdrawal of commitments. Opponents believe that e-commerce has the characteristics of fast delivery and high degree of automation. After the offer or commitment takes effect, it may automatically cause the computer to make relevant instructions, which will lead to a series of consequences. . Scholars who agree to the withdrawal of the agreement believe that no matter how fast the electronic transmission speed is, there are always time intervals, and there are also emergencies such as network failure, mailbox congestion, and computer viruses. Similar offers and promises cannot arrive in time. .

According to the subjects of electronic contracts, e-commerce contracts can be divided into: electronic contracts between business organizations (Business to Business model); electronic contracts between users (Consumer to Consumer model); models between business organizations and users ( Business to Consumer model).

The classification of contracts is an abstract distinction between different types of contracts according to specific standards. Generally speaking, according to the nature of the transaction relationship reflected in the contract, it can be divided into buying and selling,

The establishment of an electronic contract just means that the parties have reached a consensus on the content of the contract, but whether the contract can have legal effect and whether it is protected by law also depends on whether he meets the legal requirements, that is, whether the contract meets the legal requirements . The establishment of an electronic contract is not the same as the entry into force of an electronic contract. The entry into force of an electronic contract means that a contract that has been established meets the requirements for entry into force. Although China's "Contract Law" does not make specific provisions on the entry into force of contracts, electronic contracts are a typical civil legal relationship. Article 55 of China's General Principles of Civil Law stipulates that civil legal acts should have the following elements:

1. The perpetrator has corresponding behavioral capabilities.

2. Meaning means truth.

3. Does not violate the law or

Electronic representation of truth refers to the use of information processing systems or computers to represent truth. The form of the electronic meaning table is various, including but not limited to telephone, telegram, telex, fax, email, EDI, Internet data, etc., specifically through a closed EDI network, a local area network and the Internet connected to the open Internet or Traditional telecommunications transmit electronic transaction information.

Does not violate the law and the public interest means that the content of the electronic contract is legal. The validity of a contract must not only comply with the provisions of the law, but also must not violate the public interest in the content of the contract.

In China, any contract that is a serious violation of public morals and good customs should be considered invalid.

The contract must have the form required by law

China's current laws and regulations cannot confirm which type of electronic contract belongs to. Although electronic contracts have many differences from traditional contracts, they cannot block the pace of the transformation of new technology into productivity in terms of formal requirements. Legislation has already been a contract in terms of form. Paperless turned on the green light. The data message contract should be given the status of a written contract by law, regardless of whether the expression of meaning is electronic, optical, or other new methods that may appear in the future. Once the functional requirements are met, it should be equivalent to the "written contract in law" "Document, recognizing its validity.

Online advertising, online shopping, online contracts,

Paragraph 1 of Article 10 of the New Contract Law stipulates that the parties shall enter into a contract in written, oral and other forms. Article 11 stipulates that the written form refers to the contract, letter and data message (including telegram, telex, fax, fax,

Contract law clearly defines the conditions for the establishment of an electronic contract

Article 13 of the new Contract Law stipulates that the parties enter into a contract and take the form of an offer or commitment. Article 16 (1) stipulates that the offer will take effect when it reaches the offeree. Paragraph 2 stipulates that the contract shall be concluded in the form of a data message and designated by the recipient. When a specific system receives a data message, the time when the data message entered the specific system is deemed to be the time of arrival; if the specific system is not specified, the first time that the data message enters any system of the recipient is considered the time of arrival. New contract Article 25 of the Law stipulates that the contract is established when the commitment becomes effective. Article 26 stipulates that the contract becomes effective when the notice of arrival reaches the offeror. If the contract is concluded in the form of a data message, the time of the promised arrival shall apply to paragraph 2 of Article 16 of this Law. The contract is established by one party's offer being accepted by the other party. According to the traditional practice, the offer and the commitment are performed manually, which is a kind of expression of the intention of both parties, and the contract is established when both parties indicate that they agree. The conclusion of the electronic contract is fully automated, and the two parties use a computer to automatically issue an offer or show a commitment through the Internet according to a pre-programmed procedure, and Once the commitment takes effect, the contract will be established and it will be legally binding on both parties. Any party must not breach the contract or they will bear legal responsibility. The conclusion of the electronic contract is completed between computer systems in different locations. How should the electronic contract be judged? Is the commitment effective and is the contract established and thus legally effective? The new contract law provides detailed definitions in the above clauses and provides a legal boundary for judging the establishment of an electronic contract and its legal effect.

Contract law gives legitimacy to electronic signatures

Article 32 of the New Contract Law requires parties to conclude a contract in the form of a contract, and the contract is established when the parties sign or seal it. Article 33 stipulates that the parties may conclude a contract by letter, data message, etc. A confirmation is required before the establishment of the contract. The contract is established when the confirmation is signed. When signing an electronic contract, the parties use computer electronic data exchange. The main terms of the contract are also displayed on the computer screen. There is no written form in the traditional sense, so it can only be written in The form of electronic digital signature (encryption) proves the establishment of the contract. In response to this, the new contract law has taken note of this objective reality and adopted a more flexible attitude. According to this clause, it is understood that both parties to the electronic contract can Electronic signatures can be used directly; or according to the actual situation, a confirmation letter using this method can be signed to make the contract effective, and the legality and validity of the electronic signature (encryption) are indirectly recognized.

New contract law sets specific rules for electronic contract jurisdiction

Article 34 of the New Contract Law stipulates that the place where the commitment takes effect is the place where the contract is established. The contract is concluded with a data message, and the addressee's main place of business is the place where the contract was established; if there is no main place of business, its usual place of residence is The place where the contract is established. If the parties agree otherwise, the EC telecommunications issued by the electronic contract can be issued using a computer system at any different place, such as the place of business of the sender and a place where the sender owns the computer. The principle of entry into force will make the place where the contract is established very uncertain. It is more appropriate to adopt the principle of entry into force, because the location of the party receiving the information is relatively easy to determine. The places of business and habitual residence that are closely related are judged, and statutory evidence on the place where the contract is concluded is presented. Therefore, the provisions of this clause provide important information for determining the place where the electronic contract is established, clarifying the law of the contract and the jurisdiction of the contract dispute. Legal basis.

New contract law clarifies legal status of electronic contracts

New contract law clarifies the legal status of electronic contracts and makes electronic evidence legal

In electronic commerce activities, electronic contracts such as electronic contracts, purchase orders, bills of lading, confirmations, transfer orders, insurance policies, payment notices, and related documents, i.e. electronic documents, are transmitted and stored in magnetic media in the computer.

An electronic contract refers to an agreement on rights and obligations between equal civil subjects established through an electronic computer network system and signed in the form of email and electronic data exchange.

Compared with traditional contracts, electronic contracts must have two requirements: offer and commitment, but a lot of changes have taken place in form. Its main characteristics are:

(1) The offer and promise of an electronic contract is made through a computer Internet in the form of data messages.

In the process of concluding a traditional contract, the parties generally propose and accept the offer through face-to-face negotiations or through letters, telegrams, telephones, telexes, and faxes, and finally conclude a contract. The parties to electronic contracts use electronic data. The transmission (input) of one party's electronic data can be regarded as an offer; the return (receipt) of the electronic data of the other party is a promise. Because electronic data exchange has a function of automatic judgment in function, therefore, electronic The contract signing process is completed under the operation of the computer through the Internet. This is a key feature that distinguishes electronic contracts from traditional ones.

(2) The fictitiousness and breadth of electronic contract transaction subjects.

The parties to the electronic contract operate through the network and can not meet each other. The electronic contract's transaction subject has no geographical limitations and can be any natural person, legal person or other organization in the world.

(3) The establishment, modification and termination of electronic contracts do not need to adopt the traditional written form, which has the characteristics of being electronic. Unlike traditional contracts, electronic contracts are signed by electronic data exchange methods. Therefore, the content of electronic contracts can be Stored completely

According to experts, electronic contracts have higher security than traditional paper contracts. The security guarantee of electronic contracts mainly comes from electronic seal technology and digital certificates. On the one hand, the contents of electronic contracts cannot be changed after the electronic seal is stamped. And the electronic seal cannot be separated and used. On the other hand, the digital certificate is an online identity card, which can ensure that the signatory of the contract and the contract itself are trustworthy. In addition, the electronic contract uses password verification and transmission process. Encryption method to ensure its security. If the electronic contract is tampered with, it will be prompted as an invalid contract. It is understood that the electronic seal is combined with a digital certificate issued by an authoritative institution, and double password verification is sufficient. Ensure the correct identity of both parties to the contract. During the transmission, encryption measures will also be taken to fully guarantee the confidentiality of the data. In addition, a special reading plug-in can also be provided technically, which can be used independently to ensure that the contract is not leaked. Secure electronic seal Not just products for business users, more and more individuals today

Electronic contract is computer information processing technology and computer

The electronic contract signing system refers to a system that has the functions of contractor identity authentication, contract electronic signature, contract storage and recall, etc., to implement online contract signing and information processing in accordance with the regulations of the Ministry of Commerce.

Features

1.Having contractor identity authentication

The electronic contract contracting system only supports companies or users who hold digital certificates to sign electronic contracts online. Digital certificates are issued by third-party electronic certification agencies, which can prove their identity and identify each other.

2.With electronic signature function

The electronic contract signing system realizes the signing of electronic contracts through electronic signature technology.

3. With contract storage and management functions

The electronic contracts signed by the two parties of the transaction can be stored in the platform for later review, verification, and printing.

4, with convenient, cheap and effective advantages

National pilot

In order to form a credible electronic contract standard with reliable electronic signature as the core technology as soon as possible, and promote the rapid development of e-commerce, the "National 12th Five-Year Development Plan for Electronic Commerce" and the "12th Five-Year Development Plan for National Electronic Certification Service Industry" are The pilot project was listed as a key task and major project ^[2] .

The Ministry of Industry and Information Technology launched the national trusted electronic signature and data message application pilot project in 2012. The buying and selling network company that undertook this work has developed the only domestic MMEC trusted electronic contract contracting system that has passed national acceptance, which is in line with the Ministry of Industry and Information Technology, the Ministry of Commerce and other countries. Standards, with international leading level; application customers include government procurement bidding, well-known e-commerce enterprise procurement platform, well-known financial institution online fund sales platform, large-scale manufacturing online bidding and procurement.

National standard

On April 2, 2015, the China Electronic Contract Standardization Symposium was held at the Beijing International Convention Center. Many representatives from the government, research institutions, and enterprises had a lively discussion on the electronic contract standardization in the Internet era. It has played a role in promoting the standardization of electronic contracts, and the establishment of related working groups and alliances has played a supporting role from the back, so that electronic contracts can get a better development environment ^[3] .

With the development of the times, it is believed that the establishment of national standards for electronic contracts can make China's e-commerce industry faster and internationally. With the promotion of third-party electronic contract establishment systems, more and more electronic contracts have become the leading industry. The development of China can enable the steady and rapid development of e-commerce in China ^[3] .