Driving off a Tiger, but Leading a Wolf — A Review of the Chinese Contract Law Art. 11

摘要

With the purpose to get rid of the writing form barriers to E-Commerce, the Chinese Contract Law art.ll specified: '"Writing form' means a form, such as a contract instrument, letter, data message (including a telegram, telex, facsimile, electronic data interchange and electronic mail), that records the contract contents contained therein and is capable of being reproduced in tangible form."... Where the reduction to a tangible form is concerned, data message is not equal to contract instrument or letter, but is a functional equivalent to either of them. Contract instrument or letter records the signatures of contracting parties, does so data message? If yes and no matter what they are, are they functional equivalents to signatures on paper under any circumstances? ... Electronic signatures are functional equivalents to paper-based signatures, so they may be deemed to be paper-based signatures.... But the Chinese Contract Law says nothing about that...