The Effectiveness Of Electronic Signatures

As a brand-new technical revolution, the development speed of e-commerce is surprising. Because there are a lot of advantages in e-commerce that tradition trade lacks, it represents the developing direction of the future trade way. It will bring more trade chances to various countries in the use of e-commerce. Though the development of Internet is very promising, it is an open network system with insufficient security at the same time. Electronic Signature is used for guaranteeing complete information in the information transmission course and persons who offer information to send. In order to standardize the behavior of each side party signing electronically, more than 60 countries and regions have made the legislation of the corresponding electronic signature.In the part of the foreword, it introduces the situation that e-commerce develops rapidly during these years and the obstacle met in the development of e-commerce. Then it proves the necessity of introducing electronic signature in e-commerce. The thesis text is divided into three parts altogether.The first part is about the basic problem of electronic signature. Firstly it introduces the procedure of using electronic signature. Secondly it states concept and characteristic of electronic signature, finally it analysis the kinds of electronic signature. The narrow-defined electronic signature means the data included in electronic form have connections with electronic message on logic. It can distinguish signature related to electronic message signature and indicate this person approves of the information that the electronic message includes to use for. Electronic Signature can be divided into the following two kinds in technological way: Digital Signature based on cryptography theory and Electronic Signature on the basis of biotechnology.The second part is about legislative progress on Electronic Signature. It introduce legislation about Electronic Signature in the trade of the United Nations ofinternational organization at first, then state America^ European countries and various countries of Asia the legislative situation. At last it introduces legislative process in e-commerce and Electronic Signature in our country.The third part is about Legal effect of Electronic Signature. This is the focal part of this page thesis. This part solves law requiring, scope, legal effect, legal consequence and the use of Electronic Signature.To get the same legal effect as hand-write signature Electronic Signature have must possess some terms. There are four legal terms: uniqueness, distinguishing the discernment, dependability, related. At the same time it still allows both parties to make the special agreement to make these conditions.Because of the existing tradition of law and complexity of some trade of technology, Electronic Signature totally replacing traditional signature will go wrong in practical application. We necessarily confine the scope of Electronic Signature in use at present at least. The limit of use Electronic Signature mainly exists:(l) the occasion correlated with the identity; (2) the occasion correlated with the contentious procedure; (3) the occasion involving the trade of the real estate ; (4)the occasion involving the public utilities service; (5) negotiable bill; (6)others.The legal effect of the electronics signature is that it matches the written form request of contract law at first. Secondly the legal effect of the electronics signature is that the general electronics signature and the enhanced electronics signature have effect with different degree on context integrity, proof for identifying, data giving or getting.Certain rights and liabilities arise when people get involved in the activity of E-sign. Under the condition that there is no primary agreement between each parties, the duty for them are as follows: The liabilities of signer are as follows: (1) taking care appropriately; (2) noting on time; (3) reasonable attention is needed when signer use figure certificate to prove and support e-sign. During the validity of the certificate, signer should guarantee the accuracy and integrity of the materials relatedwith the certificate or the important statement to be absorbed in the certificate. The liabilities of E-sign reliance are mainly as follows: (1) Take reasonable steps to confirm the reality and dependableness of signature; (2) Take reasonable steps to confirm the validity of certificate, the canceling of certificate; (3) Accept the limits about the certificate. The liabilities of Certification Authentication are mainly as follows:(l) To work earnestly; (2) To guarantee the accuracy and integrity;(3) To make confirmation;(4) To make cancellation;(5) To provide protect and service; (6) To keep secret.The electronics Signature can be use in the following field: (1) checking the verification of E-mails, (2) the false-proof watermark for web page information, (3) electronic commerce. The Digital signature can also be applied in various electronic forms and document record etc. The thesis discusses the difficulties which e-sign faces in China.The last part makes a conclusion of the thesis, points out the meaning of Electronic Signature and the correct attitude towards Electronic Signature.