Briefly describe the characteristics of electronic contract

Features 1: Electronic contracts are concluded in the form of data messages through the Internet. 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.

The second characteristic of electronic contracts: in traditional paper contracts, the signing of electronic contracts does not require both parties to meet, and most of them will choose to sign face to face, which has a sense of ceremony in establishing the contractual relationship, and secondly, signing 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.

The third characteristic of electronic contract: the expression of will in electronic contract is electronic. 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.

Feature 4: The carrier of electronic contract is different from traditional contract. 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.

The fifth feature of electronic contract: the effective way of electronic contract is different from that of traditional contract. The traditional paper contract generally means that the contract takes effect after being signed or sealed by the parties, and the effective place is generally the place where the contract is established. As an electronic contract is a data message, it takes electronic signature instead of signature or seal as the condition for the contract to take effect, and the effective place is generally the recipient's main business place. If there is no principal place of business, its habitual residence is the place where the contract is established, unless otherwise agreed by the parties.

Legal basis: According to Article 4 of the Electronic Signature Law, data messages can be tangibly expressed and can be retrieved at any time, which is regarded as a written form that meets the requirements of laws and regulations.

Article 469 of the Civil Code of People's Republic of China (PRC) * * * The parties may conclude a contract in writing, orally or in other forms. Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.