Study On American Legal System Of Electronic Signature

In America, the electronic signature legislation began with Utah in 1995, Utah Digital Signatare Act is confined to regulate digital signature which is made by using cipher code, then, Other states are also engaged in legislative activities to regulate digital signature, but the second State(NewYork) has adopted a more common way in technology, in other words,the later legislation Changed from Concentrating on the concrete technolngy of digital signature to more widely regulating the common technology of all kinds of electroncc signature. This article consists of five parts, comparatively analyses the concrete content of American Federation's and states' and Non-official organizations legislation regarding electronic signature which can provide some good advice on Chinese electronic signature legislation.Part I mainly introduce the evolution of traditional signature, especially the requirement of signature in "Statute of Fraud" among the Common law. In order to meet the demands of "Statute of Fraud" and cope with the challenge to traditional legal system brought about by electronic commerce. American Federation, States and Non-official Organization all make laws or issue model laws to expand the meaning of traditional signature, establish and perfect the electronic signature regulations and so on.Part II Principally analyses the technical Principles of electronic signature (especially digital signature), gives a introduction to the electronic signature operational programme which based on symmetric encryption and asymmetric encryption and the choice to technical approach of electronic signature of legislation at different levels.Part III Chiefly analyses the concept of legal effect; the principles adopted by legislators to endow electronic signature with legal effect as well as the specific manifestation of legal effect.Patr IV Mainly analyses the certification mechanism of electronicsignature, including the functions , Principles , Procedures and the legal effect of certification of electronic signatue. Certification system includes not only certification of electronic signature, but also certification of electronic records and other relative issues. This chapter only discusses the certification mechanism of electronic signatwre.Part V On the basis of the above four parts, the author Puts forward some cursory ideas how to construct electronic signature law system in China. Though it is not perfect, it is beneficial.