【线上云德】疫情期间律师说（二十六）|合同（文件）备案制度介绍

合同的签订是商品经济产生的基础，诚信履行是社会经济秩序的保障。但是近年来随着经济运转节奏不断加快、利益目的追求过量化，一方面促使合同条款日趋简化，另一方面导致合同履行诚信下降，从而引发合同签订和履行瑕疵的纠纷不断上升，市场的合同诚信履行也受到影响。对此2020年3月6日，陕西云德律师事务所王单律师在线上给大家就合同备案制度进行了初步介绍。

The signing of contracts is the basis for the emergence of commodity economy, and honest performance is the guarantee of social and economic order. However, in recent years, with the accelerating pace of economic operation and the over-quantification of the pursuit of interests, on the one hand, the contract terms have been simplified day by day, and on the other hand, the integrity of contract performance has declined, thus causing disputes over defects in contract signing and performance to rise continuously, and the integrity of contract performance in the market has also been affected. In response, on March 6, 2020, Lawyer Wang Dan of Shaanxi Yunde Law Firm gave a preliminary introduction to the contract filing system online.

作为一名律师，我们在代理案件中遇到了很多合同案件，但由于合同签订、履行瑕疵引发的纠纷非常多，总结起来有以下几点：

As a lawyer, we have encountered many contract cases in the agency cases, but there are many disputes caused by defects in contract signing and performance, which can be summarized as follows:

1、合同文本上的签名并非本人所签；

2、合同上的签名并非身份证上的姓名，且无身份证号予以对应查询，无法确定被告信息；

3、当事人存在两个身份证，两个名字的情况；

4、已签订的合同文本因保管不善丢失了；

5、已签订的合同文本被撕毁或者盗窃而丧失原件；

1. The signature on the contract text is not signed by myself;

2. The signature on the contract is not the name on the ID card, and there is no ID card number to be queried accordingly, so the defendant's information cannot be determined.

3. The parties have two ID cards and two names;

4. The signed contract text was lost due to improper storage;

5. The signed contract text is torn up or stolen and the original is lost;

结合上述实践中的问题，我总结为四点：第一，合同签订时缺少第三方的审核机制；第二，合同签订后缺少资料报备认证机制；第三，合同履行缺少全程跟踪服务机制；第四，合同签订后缺少权利、义务的确认功能。由于问题迫切需求解决，对此合同（文件）备案制度应运而生。

Based on the above-mentioned practical problems, I summarize them into four points: first, there is a lack of a third-party audit mechanism when signing the contract; Second, there is a lack of information filing and certification mechanism after the contract is signed. Third, the performance of the contract lacks a full tracking service mechanism. Fourth, there is a lack of confirmation function of rights and obligations after the contract is signed. Due to the urgent need to solve the problem, the contract (document) filing system came into being.

在此，王律师邀请了西安仲裁委员会金融仲裁院的曹院长为大家介绍了他们机构开展的合同备案业务，即通过核实合同签订主体，对合同内容基础审查，全程记录签订过程，并对合同文本进行保管，在保管过程中也提供查阅服务。后期如果双方对合同签订过程有任何异议的还可以申请备案员出庭作证。西安仲裁委员会金融仲裁院开展的专项服务能够基本解决上述存在的问题，满足民众对合同前置法律需求，进而也优化市场环境，减少大量合同纠纷引发的市场不稳定性因素。

Today, Lawyer Wang invited President Cao of the Financial Arbitration Institute of Xi'an Arbitration Commission to introduce to everyone the contract filing business carried out by their organization, that is, through verifying the main body of the contract signing, reviewing the basic content of the contract, recording the whole signing process, keeping the contract text, and providing inspection services during the custody process. In the later period, if both parties have any objection to the contract signing process, they can also apply for the filing officer to testify in court. The special services provided by the Financial Arbitration Institute of Xi'an Arbitration Commission can basically solve the above-mentioned problems, meet the public's legal needs for pre-contract laws, and further optimize the market environment and reduce market instability factors caused by a large number of contract disputes.

自西安仲裁委员会金融仲裁院成立后，云德律所一直与其存在密切的合作关系，本所13名律师被授予“金融仲裁法律服务团”成员聘任。疫情期间本所“金融仲裁法律服务团”，针对特殊情况开展“仲裁绿色服务通道”，可以就有备案需求的主体提供咨询服务，已备案主体针对疫情的影响起草补充协议，经一方或者双方的申请，对双方的矛盾就行调解，提前化解矛盾。

Since the establishment of the Financial Arbitration Institute of Xi'an Arbitration Commission, Yunde Law Firm has been in close cooperation with it. Thirteen lawyers of the Institute have been appointed as members of the "Financial Arbitration Legal Service Group". During the epidemic situation, the "Financial Arbitration Legal Service Group" of the Exchange will carry out the "Arbitration Green Service Channel" for special circumstances. It can provide consulting services for subjects with filing needs. The filed subjects will draft supplementary agreements for the impact of the epidemic situation. Upon the application of one or both parties, the conflicts between the two parties will be mediated to resolve the conflicts in advance.

云德律所一直在深耕行业、深挖市场，深入研究金融仲裁业务、备案业务，力求为客户提供专业、高效的法律服务，同时业致力于开展多元化纠纷解决机制，减少社会矛盾的产生，为疫情期间稳定社会发展贡献律师的一份力量。

Yunde Law Firm has been digging deep into the industry, digging deep into the market, deeply studying the financial arbitration business and filing business, and striving to provide professional and efficient legal services for customers. At the same time, the industry is committed to developing diversified dispute resolution mechanisms, reducing the occurrence of social conflicts, and contributing lawyers' share to the stable social development during the epidemic.