Study On Legal Issues Relating To Electronic Certification

The electronic certification the application in the field of e-commerce of the authentication, and it means a service that confirms authenticity of the identity, the authenticity and dependability of the document to each trade side in the electronic commerce, using electronic signature and digital certificate, carried by a organize, which based on encryption technology. Electronic signature will confirm the identity of signature people from the technological means, and it is the tool guarantee on a kind of technological means, used mainly in the security of telecom of the data, making it not denied or distorted. The legal norms, adjusting it, are mainly to find the electronic signature technology that has the basic functions of signature, thus establishing its legal effect, which is the identification of technical standards and has strong objectivity. But how to solve the possibility of the public key and private key holder denying the certainty of documentation is a problem, and electronic signature technology can not deal with it itself. This requires a certification of electronic signatures, thus certification authority was produced. It is impossible for the electronic signature technology to resolve the problems of the certainty of the public key and the possibility of the private key holders denying the signed document. That is to say that the credibility of private key holders is very important. There are two circumstances to think about: one is that the holders deny the activity intently, the other is that the key was stolen, lost or decrypted. So it needs an authoritative third party to make electronic signature which can be used to identify the identity of the parties and the credibility and integrity of the document throughout transaction. And this is the so-called certificate authority. As a new identification method, electronic authentication will create some legal problems, which relate to electronic authentication legislation principles, the legal effect, legal relations, legal responsibilities and supervision.The legislative principle of electronic authentication is basically the sameas legislative principle of other e-commerce laws, mainly encourage the agreement to be free and insisting technology is neutral, pays attention to the structure neutrally and promoting fair play of freedom, coordinating, safe principle of world. As to electronic legal relation of authentication being to trust from authentication organization and certificate legal relation and authentication organization and certificate of applicant legal relation of people come, say mainly. The legal effect of electronic authentication is mainly involved to legal effect and legal effect to the authentication organization signing electronically. Consider as to electronic legal liability of authentication electronic authentication organization, user and its certificate trust trade distribution of risk of people mainly, once the legal question appears, its legal liability is finally taken charge of by anyone.This text proceeding with the formulation and development of electronic authentication, has explained the system of electronic authentication and social value, and has analyzed the legal issues arising from electronic authentication and relevant domestic and international laws and regulations and, on that basis, a comparative study that attempts to draw reasonable conclusions relative to our electronic authentication legislation made some constructive suggestions. This text go on the comparative study domestic and international electronic authentication current situation and existing problem that implement also, and has put forward some suggestions to the electronic authentication of our country, hoping the results to be helpful to the implementation of our electronic authentication.