A Study Of Law Issues About Electronic Certificate

With the swift development of the communication technology, digitals and networks begin to penetrate into all sides and levels of our social life. And the flourishing of e-commerce results in the greater possibilities of business. But at the same time, because the network is open to the outside world, security in e-commerce become of more and more recognition. So, it is security and validity of data and authenticity and validity of a deal on which the development of e-commerce hinges.Electronic signature (e-signature) can assure technically the security of data and e-texts in case that they are juggled and denied. But, the security of e-signature itself will not go without establishing the system of security certification, which is used to assure the truthfulness of the trader involved. Thus, Electronic Certification(e-certification), which is the institutional guarantee for the effectiveness of e-signature, becomes the core for security of e-commerce. Certification Authority(CA) plays a role of indifferent third party to provide with guarantee of credit and maintenance of secure trade.The development of e-commerce cannot go without the support from techniques involved, but go worse without the protection of law. So, it is of great practical significance to probe the theories and practices of e-certification, especially how to regulate and push its development on the basis of law and legislation. This thesis is to make a great effort to investigate law issues regarding e-certification on the basis of analyzing the related provisions in Law of E-signature of our country and introducing the findings and their practices in legislation in other countries. Anyway, it hopes to find expression in improving the system of e-certification of our country.This thesis is to be divided into four sections:Section 1: General introduction of e-signature and e-certification. It is to summarize the concepts of e-signature and e-certification, the related techniques and PKI system, and the legislation practices in other countries.Section2: Certificate Authority and Certificate Administration. It includes discussions on its concepts and traits, its establishment, termination, administration and the policies about the issuing of its certificate.Section 3: Law relations and responsibilities. It is to discuss the law relations between the parties regarding the e-certification, their rights and responsibilities, especially the civil obligations. Meanwhile, it is to provide the author's own ideas that it is the law relation between the CA and the e-signatory based on the certification contract, and it is the relation of mutual trust regarding their own interest.Section 4: Problems in practice and improvement in legislation. Based on the general analysis of legislation on e-certification and the conclusion from the practical problems in our country, it is to generate and provide new reflections and suggestions to serve the improvement of e-certification system in our country.