Research On Civil Liability Of The Certification Authority

The electronic certification, a technology linking legal status of e-commerce with electronic records, is an important means to ensure the security of the e-commerce. As an authoritative and neutral third-party organization, the CA is a means to realize its safety and how to regulate its civil liability by law is particularly important. Through the comparison and analysis of the e-commerce legislation in all countries and regions, this article makes a research on the legal relationship and the civil liability of the CA.The first part analyzes the general situation of electronic certification and its entire process. By sorting out the legal relationship between CA and the other two parties and making an evaluation of variety views, we get a conclusion that the relationship between CA and the electronic signer is a special service contract. The carrier of the contract is the CPS made by CA and CPS is part of the contract as an incorporation clause. The relationship between CA and relying part is a reliance relationship made by law.The second part is the main part of this paper. Firstly it enumerates the most common behaviors of breaching contract and infringement. Secondly it discusses the criterion of liability of CA's liability in undertaking the responsibility of breaching of contract and infringement. The conclusion is that only if we adopt strict criterion of presumed-default liability and of shifting the burden of poof can we balance the benefit of every party. Finally it investigates in depth the limitation of liability and the grounds for exemption of CA by using the experiences of foreign legislation and proposes that the technical faults such as affiliated unit, hacker attack, equipment or internet failure should not be rashly taken as the grounds for exemption.Through evaluating electronic signature legislation in other countries, this paper puts forwards some suggestions for improvement such as increasing the responsibility of CA in undertaking civil liability, adding the rule of recommended reliance limitation, establishing the rule of electronic data identification and of reliability insurance of CA.