The Analysis Of The Legal Problem Of Electronic Signature

The electronic signature is the outcome of trades information in network and digital world. Especially under the open environment, electronic signature is more important and urgent than written form.In the trade activity of electronic commerce, electronic signature involves the negotiation of the electronic contract ;involves the safety of electronic to pay with the balance of accounts;involves the attenders' confidence towards electronic;involves the smoothly open of various activities of electronic commerce .Lack of law in electronic signature will make the important law obstacle which obstruct our country electronic commerce' development.Therefore,in order to confirm the law position of electronic signature,modifying current signature law or establishing the new law and adjusting the use of electronic signature should become an important mission now. There are six parts in my thesis. The first part:Concept of electronic signature.The electronic signature is an important guaranteeing means to the safety of electronic commerce.There are several main concept of electronic signature. The first is the electronic signature concept of broad sense, including the electronic signature of every kind of electronics means .It is a reflect of electronic commerce method" technique neutral" the principle sign in the electronics conceptual.Not a few nations have adopted this kind of electronics signature concept, in order to leave the space for new technique, avoid to establish the obstacle for it on the law.The second is the electronic signature of narrow sense, therefore it is a certain of electronic signature technique by the way of the particular means, usually points digital signature,it is the digital signature made of asymmetric cryptosystem.The safety of electronic signature,is a basic point to be attended to sign the concept, and also is the basic reason of being used as validity signature with the particular technique.The third is a compromised type concept- enhanced electronic signature, and sometimes called the signature of safe electronic, it to point to pass by certain of safe and applied procedure, can attain to sign with tradition to reach the electronics of the same function. The second part:The naissance's necessity and suitable use scope of electronic signature.At trade the information of the inside, tradition with the company matter that calculator network is a tool of carry to have already become to have no the written form signature of paper, adoption tradition have already no longer possible, hence research develop the electronics form that it can carry out signature( Electronic Signature) sign the function, and this is also so-called safe measure.This is the reason of the law problem that exactly electronic signature become the place of the technique of the importance in the electronic commerce.Legal effect of electronic signature is within the scope of its suitable for use, from theoretically speak, any personally sign the method can sign to also promise to allow the way that sign with the electronics to sign.But because of technique of the special and some bargains with complexity, there is necessity to limit its suitable for use within the scope of certain, current electronics signature main application is in the electronic commerce, business enterprise information system, net top government purchase etc. realm. The third part: The Attestation and safety problem of the electronic signature.Attestation of electronics that reliability sign to in a specific way point the particular organization to sign to electronics and its signature the person proceeds the legal act that reviewing combine to make out the proof, should be the particular organization which usually be called the attestation organization.( Certificate Authority, brief name CA).The electronics that CA is a key and core signs of the system, and aim at the electronic signature that sign that form characteristic, confirm to proprietor, from but confirm the body the risk for reliability for combining confirming the contents of it...