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Research On Several Legal Issues Of Electronic Signature In Electronic Commerce

Posted on:2005-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2156360122999703Subject:Law
Abstract/Summary:PDF Full Text Request
Accompany with the global trend of Internet appears increasingly, E –commerce, which stands for the development way of tomorrow trade, comes to us nearer and nearer. Now, the law frame surround with E –commerce in our country is setting up step by step, therefore, to study about E –commerce and its law problem deeply is not significant in the real, but also necessary in history. The core of the E –commerce law is about the legal issues on electronic signature. Therefore, by means of documentation, contrast and logical analysis, I make a close and systematic study on the legal issues of electronic signature, taking the mode of all countries legislative system as well as the legislative status in china.The paper includes five parts and the main points in logical sequence of each part are as follows:In partⅠ, I expound the definition of the signature first, and the definition of the electronic signature, its kinds, legislative character and merit. I point that with the appearance of E –commerce as well as the change of transaction environment and way, electronic signature, the main means in affirming identify in internet transaction mode, is so important in certificating the force on data message especially on electronic contract. Electronic signature has the common characteristics that a signature has, but it also has its own particularity distinguishing from conventional signature in its technique characteristics and characteristics of law. I conclude the legal meaning of electronic signature though the above-mentioned, that is to say, electronic signature is an authentication in litigant's identification, contract contents and contract implementation. It is expected to lay a solid foundation for further research though the mention-above.In part Ⅱ,the one hardcore of the thesis, I take a view of the electronic signature in its legal effect. In fact, as for an effective technology means in authenticating electronic message, electronic signature should be approved by law in its status. In international at present, the common idea in this problem is to adopt "functional-equivalence", raised by United Nations. According to this rule, the legal recognition of electronic signature can be offered though national legislation (Continental law system) or by judicial precedent just like the conventional signature. At the same time, when the consumer conclude a electronic contract, they can decide how to settle the authentication of electronic signature by agreement, which not be overcome by law.In part Ⅲ, I expound electronic certification legal system. Electronic certification and electronic signature have close connection, the integration of two part form technology and legal security safeguard system of E-commerce transaction. This part also is the hardcore of the thesis. Through the exposition about electronic certification's concept, effect, certification authority and its function, I clarify that electronic certification is applicable to open business transaction net, which is juristic act of specific legal subject. CA is an institution that can affirm and protect the authenticity of electronic signature and it's subscriber, and its goal is to control transaction risk, also preserve security of transaction. Whenever performing its function, CA must have been legal relation with both two dealer or the third. CA has some right, also should bear the relative legal liability. I discuss the principle of responsibility and legal effect of electronic certification based on analysis of its legal liability extent. The more important one is that I put forward some proposal on foundation of electronic certification system in our country.In part Ⅳ, I significantly dissertate on the legislative status relating to international electronic signature. Electronic signature is not a national law, but also an international law, and finally it is an international law. Electronic signature is applied to E-commerce field, what the basis are Internet and electronic transaction environment, so to make a research on...
Keywords/Search Tags:Electronic
PDF Full Text Request
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