The Civil Liability Of Electronic Certification Body

Certification Authority (also referred as "CA")is the authority which make the digital certification to identify the user of it from other entities. This article tries to analyze the civil legal relationship in the process of the certification by CA and definite the difference of civil legal relationship between CA and traditional civil legal relationship. Furthermore, a conclusion can be made on the civil liability which will be taken by CA. All these analysis based on the recognize of the CA practice in China, the social status of CA and other countries' relevant experiences. The process of the certification by CA is a special and complicated one. Based on the recognize of the special legal relationship between them, CA should bear certain civil liability according to the relevant regulations. The civil liability of CA can be divided into two parts—breach liability and tort liability. CA should take relevant liabilities according to a relevant strict principle. That is, if CA cannot provide evidences proving he is not guilty. He will take liability for the loss in a scope which he can foresee before the beginning of business. CA plays as a safeguard for the mordent E-commerce. A clear standard of his civil liability will help the development of CA industry .