The Civil Liability Of Electronic Certification Body

Certification Authority (also referred as"CA") is the authority which makes the digital certification to identify the user of it from other entities. CA plays as a safeguard for the modern E-Commerce. Recent years, our country has already made legislation about CA . However, the lack of provision about civil liability of CA is still in question. This article tries to analyze the civil legal relationship in the process of the certification by CA and define the difference between civil legal relationship of CA and traditional civil legal relationship. Furthermore, some advice will be given to legislate about CA.The process of the certification by CA is a special and complicated one. All these analysis are based on the recognition of the CA practice in China, the legal status of CA and other countries'relevant legislative experiences. Upon the recognition of the special legal relationship among involving parties, we believe CA should bear certain civil liability according to the relevant regulations. The civil 1iability of CA can be divided into two parts—breach liability and tort liability. CA should take liabilities according to a relatively strict principle. That is, if CA cannot provide evidences proving he is innocent, he will take liability for the loss amounting to he can foresee at the beginning of the business. In a word, a clear standard of civil liability of CA will help the development of the modern E-Commerce.