Any kind of contract, when it meets legal requirements, just so it is protected by law and have the validity and enforceability. Many national legislation on the legal form of specification is mainly required in writing, and electronic contracts different from the traditional most prominent feature of the contract is precisely the "paperless", so the form of electronic contract may be illegal and was considered invalid and will not protect.

     "Model Law on Electronic Commerce," adopted a compelling, easy to be accepted by the States approach, which is the "functional equivalent approach" that electronic contracts meet the written form as long as the basic functions of the contract, it should be regarded as legitimate, should not be rigidly adhere to contract was a "paper" or "non-paper", in fact, "writing" is nothing but a way of recording the contract, if the other method of recording the content of contracts can be written as the same, with accurate, complete Xing, verifiable, it should be considered to meet the requirements of the law on the written form. The reliability of the network transactions if not below that of other technical maintenance of the records, not because it is "electronic" rather than "paper" to deny its legitimacy. China's "Contract Law" Article 11 also provides for a contract in writing, refer to books, letters, and data messages, etc., may demonstrate its tangible elements contained in the form.

     Associated with the writing, there are also signatures of the original evidence of the effectiveness of other issues. The traditional paper-based contracts for the legislation is enacted, the so-called "signature" "original" "evidence" are based on "paper" as the material basis, and therefore electronic contract does not appear to meet these requirements. Electronic contract will below the "signature", "evidence" and other issues were discussed.


     1, Signature

     Signature main function is to (a) shows the source of the file; (2) indicates that the signer has confirmed that the contents of the document; (3) constitute a signatory to the contents of the file is responsible for the accuracy or completeness of the evidence. Including the signature, including a variety of traditional methods of authentication, transaction security, reliability and integrity provide a certain degree of protection, but any means of authentication are not intact. Electronic signatures, also known as digital signature, is designed for technical experts electronic data, said key password as the "Electronic Signature" (electronic signature) and then with the certification machine body (CCA) to send a digital certificate to the person holding the private key for certification, to achieve the signing parties to the contract function. The use of EDI and other modern scientific and technological means to certify there is no more than the traditional unreliability. In fact the traditional requirement for a signature key is taken by the symbol "whether the person who certified the document with the express purpose of signed or adopted," In what form is not signed. In other words, "signature" can also be used with the unique nature of some symbols instead. In fact now widely used EDI transactions, electronic signature and digital signature technology, not only authentication but also more secure, it can be like signing a written document to confirm the fact that the file transfer process. For example, electronic documents issued by the signer. Since the issuance of electronic documents without any amendment. Prevents easy to modify the electronic information for people who are fake, fraudulent use of other people's name to send information, denied the receipt of information and so on. Electronic signatures and therefore should be accepted as an effective way of signature. "Model Law on Electronic Commerce" is also by "functional equivalent approach" to treat the issue of electronic signature of the contract.

     2, the original

     Is relative to the original copy for the purposes of its original meaning is the original form should be a written document. Because the content of electronic contract based on figures in the form of "memory" in computers, can not be as traditional as the direct production of a written contract. For the original problem, the International Trade Commission recommended a similar written form used in solving the problem using the "functional equivalent approach" from the law of evidence in most countries of view, the original function is: "To ensure the rights of the parties that enabled it to claim or raise defense, and transaction authentication, and become the best possible evidence. "In other words, the original function of the information that is certified to maintain their real credibility. Therefore, as long as the EDI message can prove that is indeed stored in a computer or receiving of information, enough to satisfy the law of evidence to the original requirements. And therefore, logically speaking, in line with the original function of the original electronic contracts should be treated. An important feature is the original as evidence to the court as a trial and to determine the basis of responsibility. Electronic information is generally stored in the computer, the court show that there are two ways (1) on the computer monitor display; (2) print them out. According to the 1985 survey of the Commission on International Trade Law, these two approaches are feasible. As for which is the original, we must look at the court to accept what form. In China, the Civil Procedure Law to require a person to provide documentary evidence, it should be submitted in the original, a copy alone can not be used as evidence, electronic data in a computer print-outs can not be considered an original but a copy or transcript.

     3, the evidence

     Law of contract or other civil actions requested in written form, is mainly based on the role of evidence in written form. Because long-term preservation of the written material can be, if modification or change will be aware of them. The electronic data is easy to manipulate without leaving any traces, difficult to detect, and therefore produced a series of issues, such as electronic data can have the written evidence and traditional evidence of the same force then? When the parties dispute that is stored in a computer where the data can be accepted as evidence in court?

     Since the electronic contract can exist, it can certainly prove that the evidence so its power is undeniable, a data message it has sufficient evidence to force mainly depends on the law it does not meet the following requirements: (1) objectivity. Data messages as evidence must be an objective reality. Although the data message is based on physical form, but its value lies in the content, so the objectivity of the data message on the reliability of the content, fictitious, altered the objectivity of the data message is not. The main objective of data messages in two ways: (a) a source of information that is, who provided the information or information generated by the situation; (b) the integrity of information that the integrity of information content and the provision of a norm. The operation of the computer there are strict procedures, including the operator in the strict control of the system is not illegal and manipulation. (2) relevance. The evidence is linked to the fact that contact with nature to ensure the re-engineering methods and processes of scientific objectivity and legitimacy. Only focusing on the fact that in strict accordance with procedures to restructure in order to meet this requirement; (3) legitimacy. Accordance with the law to collect and verify the true facts. Work in the computer internal system of its internal data is often being in memory, it is necessary to adopt a certain way and its fixed, copied to a floppy disk and other storage tools. Therefore, according to the law according to the procedures that the search and the case and is necessary for computer systems. Especially in the computer network must not enter other facts of the case has nothing to do with the collection of local area network, seizing computer storage media should be the characteristics of the industry, in the facts of the case without prejudice and the circumstances of electronic information. Characteristics to meet the above circumstances, the electronic data is a strength of evidence, otherwise the legitimate rights and interests of the parties will not be protected by law, this trade would be difficult to develop.

     Chinese law on questions of evidence does not provide for electronic contracts. Civil Procedure Law of the seven kinds of evidence do not include electronic data. Supreme People's Court's judicial interpretation is also no evidence that aspects of electronic data content. From the judicial practice of view, has yet to find a contract dispute to be finalized electronic data as evidence in case in point. However, in some cases intellectual property disputes involving electronic data issues. For example, China's network of intellectual property known as the first case, it's sunny, Inc. v. Pa infringement case, the parties breach the subject of dispute is the electronic data, but none of the judges and the parties directly to the electronic data as evidence, but through legalization approach to take evidence in order to notarized the main basis for the conclusions as the final decision, which means at least for now still difficult to separate electronic data as evidence exists, "the Model Law" The basic attitude is: first, certainly the data message can be used as an evidence to use, because it is the data message can not be denied the evidence of its strength; second, whether the evidence of data message can be the same as the documentary evidence used in court, it is necessary to determine the integration of the situation.

     With the advent of the electronic age, as well as the rapid acceleration of network speed, the network will be and our daily life. Online shopping, online transactions, online payment, online banking, online currency, etc. will also become the subject of a long to mention. A result of the online behavior of Internet users triggered a series of trade, contracts, disputes and other legal issues are also continuing to emerge. At present the legislation in this regard, whether in national or international are not perfect is not perfect, which requires national and international economic organizations must adopt new ideas to strengthen existing laws of the comb and the new legal system was created to promote economic activities online development and guarantee the security of electronic transactions in order to effectively safeguard the legitimate rights and interests of the parties.