Study On Legal Issues Relating To Electronic Certification

Electronic signature realizes the function of traditional signature in network. But the authentication of identity still relies on a neutral third part, that's why electronic certification plays a very important role in the protection in security of trade online. This article concentrates on the legal problems relating to electronic certification, making a comparison on the legal relationship and obligation of each part that occurs in certification activities according to legislations of this field in different countries. Author also puts forward her own opinion on the current legislation of our country.Starting from the relation between electronic signature and electronic certification, chapter one sets forth the function of electronic certification as a security guard in e-business. This part also gives a general introduction to electronic certification system as well as legislations of this field in other countries.Chapter two clarifies the legal character of electronic certification, analyzing the relationship between certification authority, certificate user and relier, on the basis of which, discussing the legal obligation that each part assumes in electronic certification.In chapter three, analysis was made on the risks certification authority may be confronted with and then author focuses on the civil liability in electronic certification including the breach of contract and tort. The last section of this part is about limit and exemption on liability regulated in the foreign legislation.Chapter four studies the market admittance and retreating system in electronic certification. As it concerns the admittance on cross-border services, the problems on acknowledgement of foreign certificates are also involved in this chapter.The last chapter gives a reviewing of law making in our country, including an outline of electronic signatures law and administration rules on electronic certification services. Based on the comparison and analysismentioned above, author summarizes some points which she expects to be useful for the improvement of the newly implemented law.