On The Tort Liability Of Certification Authority

Certification Authority (CA) means a person or organization which has the permission of authoritative organization can provide reliable electronic certtification service. In the development of electronic business, CA plays an important role in the commercial business in the internet. CA can cause the certificate owner and the relying party many kinds of tort. In practice it is a highly contraversial subject on the character, principle, composition and onous of dividing the CA tort liability. This paper use many kinds of study methods, such as comparative analysis method, historical analysis method and case study method to give a system-wide analysis of above questions.This paper contains four parts, approximately 40, 000 words:The first part study the definition of CA based on analysising the definition of CA in other coutries. Furthermore, the writer analysis the characteristic of CA and internal and external risks in the certificating progress, then make it clear that it is a special contract relationship between the CA and Certificate User, and the relible relationship between CA and Relying Party, then the right and obligation amon the CA, Certificate User and Relying Party (RP).The second part discuss the composition of tort liability about CA. One kind is that the CA make damage to the net privacy right and business secret right of Certificate User, the other kind is that violating the legal obligation and destroying the rights of RP. Then clear introduce the four compositions of tort liability about CA: the illegal deed, this deed causes danmage to the interests of RP, there is causality between illegal deed and damage fact ,the CA has the subjective defect.The third part research the compensation amount and limitation of tort liability. Base on the second part above, the CA should take on the damage for its tort liability. This part focus on the range and standard of spirit compensation amount in the damage which the CA made to the Certificate User. Because of the high risk of electronic certificating and the industry of electronic certificating is underway, so it needs to limit the tort liability of CA reasonably by analysising the theory in law. At the end giving the idiographic treatments on the range of CA, RP and compensation amount and insurance. The fourth part is giving some perfect advices to legislation on the liability of CA which is connected with electronic signature in our country. Firstly, broadening the establishment qualification of CA, a natrue person can set up CA. Secondly, making it clear that the relationship between CA and RP is a kind of trust which is protected by civil law and the CA must obey advertent obligation cautiously, otherwise, the CA should bear the responsibility for tort liability. Thirdly, consummating the contains of tort liability in CA such as adding articles of exemption and insurance on liability and limit compensation amount to the tort liability of CA.