Study Of The Legal Issues Of Electronic Certification Services

The fast development of E-commerce in China fully bears out the coming of "NET ECONOMY", but in the meantime, it also brings about series of legal issues, of which the Electronic Authentication Service is of great importance. As of now, there are not so many researches on this issue, so this paper takes legal issues in Electronic Authentication Service as targets, and in accord with related regulations of China's Electronic Signature Law, sets forth some opinions with respect to the improvement of China's electronic authentication legislation and jurisdiction. The main contents are divided into six parts:Part one is the basic technology of electronic authentication service. To pointy catch the legal issues of Electronic Authentication Service, it is necessary to correctly understand common technical terms of Electronic Authentication Service beforehand.Part two is general analyses on Electronic Authentication Service. This part gives us intense and close analyses on the service providers, issuance and management of electronic signature authentication certificate.Part three is Electronic Authentication Service legal relationship, including positioning, contents and qualitative analyses on Electronic Authentication Service legal relationship and those between all parties involved. The Electronic Authentication Service legal relationship is not a simple and single one, but on the contrary, a duplicate and composite legal relationship.Part four is rights and duties of each Electronic Authentication Service partcipator. Fully and comprehensively clarify each Service participator's rights and duties are the premise to set clear each one's obligations.Part five is analyses on Electronic Authentication Service providers'obligations, including contractual and tort obligations.Part six is legal comments and recommendations with respect to the improvement of Electronic Authentication Service legislation in China. Though China's Electronic Signature Law and other related laws are fairly well made, some problems and shortcomings still exist from nearly one year and half enforcement. Accordingly, based on analyses on related laws abroad, some recommendations are put forward.