Legal Issues Relating To Electronic Signatures

This research paper is based on many relative literatures,information and monographs,and in reference with the practices and experience of the advanced international lawmaking. Under the supervisor's instruction,the author,setting out from the angles of E-business status quo in China and the development of international lawmaking of electronic signature,makes a comprehensive research and discusses in depth on legal effect of electronic signature,evidential function of electronic signature,authentication system and the legislation of electronic signature,etc. and draws the Following conclusions:â… . It is necessary to emend the related laws of signing in effect,or to stipulate a new law to establish the legal status and legal effect of electronic signature,to regulate and standardize the usage of electronic signature,so as to promote the e-business in China.â…¡. The author suggests that the legislation of electronic signature should comply with the following guidelines and principles:i. to try to joint up with the international standard of e-business regulations;ii. to take into account of our country's current situation in legislating;iii. to respect the will of the persons concerned and the market direction;iv. to promote trade and protect the rights and interests of the consumers;v. and the principles of security and technology neutrality.â…¢. The legislative body should enhance the polarization and education of electronic signature and should construct China's electronic signature legal system in proper sequence.In the article,the author reckons that legislative issues about electronic signature should be paid high attention to. Meanwhile,we should look into the future,study the international lawmaking development and trends,and learn from the experience of advanced international legislation system,in order to regulate China's electronic signature legislation system scientifically,to speed up the construction of electronic signature credibility and security system,and to lay a sound foundation for the development of China's e-business.