The Responsibility Recognized Mechanism Of The Electronic Signature Certification Authority

With the development of information technology and the spread of e-commerce utilizing, the agency of electronic signature certification made great progress. The agency of electronic signature certification, with the permission from authority, provides trusted electronic authentication services independently. As the main body of electronic signature certification, the agency of electronic certification provides safe identification date for the main body, so as to gain the trust for the main body of electronic signature certification from counterpart during trading activities, engage in normal legal behavior and delimit the scope of the legal obligation and responsibility. From above, we can see that the agency of electronic signature certification plays a key role in promoting the development of e-commerce.With the promulgation and implementation of the Electronic Signature Law and Electronic Certification service Management Approach, the agency of electronic signature certification has made great progress. However, only one law and thirty-six provisions cannot solve all the problems of electronic signature certification.This article focuses on studying the legal relationships between electronic signature certification, the applicant of electronic signature and the relying party of electronic signature. This paper tries to determine the nature of legal liability and the principle of legal responsibility between the applicant of electronic signature and the relying party of electronic signature. This paper includes follow five parts.In the first part, the writer made a brief introduce about the electronic signature and the agency of electronic signature certification, including the production of electronic signature and the definition of electronic signature certification.In the second parts, the writer focuses on studying the legal relationship of the agency of electronic signature certification. In view of this paper mainly study the confirmation of responsibility on electronic signature certification in e-commerce, the writer pay more attention to research the confirmation of the nature of the legal liability between electronic signature certification, the applicant of electronic signature and the relying party of electronic signature. Based on the above theory, the writer finds the foundation to further research.In the third parts, the writer studies the liability of the certification authority. Fistly, it puts focus on the nature of the liability of the agency of electronic signature certification. This study includes analyze the legal liability of the agency of the certification to the applicant of electronic signature certification and analyze the legal liability of the agency of certification to the relying part of electronic signature certification. And then, studying the principle of liability determination of electronic signature certification. Based on the study of the two parts above, in the parts, the writer mainly analyze the principle, confirmation and choice of the responsibility of breach of contract and the confirmation and choice of the tort liability.In the forth parts, the writer mainly focuses on the limitation and exemption of responsibility of electronic signature certification. This part presents various ways and aspects to limit the responsibility of the agency of electronic signature certification and determine the scope of the exemption of the agency of electronic signature certification.Through the study above, the author puts forward her own understanding and point of view on the agency of electronic signature certification from many aspects.