Liability Issues For Electronic Certification Bodies For Research

The electronic certification refers to the public service activities with legal meaning by specific institutions to check the authenticity of the electronic signature and the signers. The Certificate Authority (CA) refer to an institution issuing digital certificate for the electronic signature of parties on lines in open e-commerce activity, it also refers to the natural persons or legal persons. In the electronic commerce field, the CA has become crucial credit service agencies in open e-commerce activities and the core of the electronic certification system. The CA shall bear the obligation to prove whether electronic trading parties can be trusted or not. It not only takes contractual relationship with users who are provided digital certificate, but also produce trust relationship with trusted persons who are provided digital certificate. As far as the fiduciary duty undertaked by CA is concerned, it must assume certain legal responsibility. Judging by the function of the CA, it has the dual functions of the electronic certification and the supervision and administration. So it's a very special, complex legal entity in nature. One the one hand, The CA, as service agency, is an independent neutral electronic certification and data message transfer center, on the other hand, the CA, as an administrative subject, has corresponding administrative responsibility and shall be liable for damage to the state caused in its administrative process. In addition, if it causes great damage to others by intentional misconduct or gross negligence, it shall be fined and the directly responsible and relevant competent personnel shall hold criminal responsibility.This paper is divided into five parts. The first chapter studies the basic situation, concept and significance, established way and supervision of the CA and mainly discusses the relationship between the CA and online electronic certification institution and its rights and obligations. Finally, this paper analyzed the domestic and foreign electronic certification institution developments.The second chapter studies civil liability of the CA .First, this chapter simply states the civil liability of the CA. Second, this chapter discusses the civil liability of the CA from liability for breach of contract and tortuous liability. Finally,this chapter analysis the excusatio of the CA.The third chapter studies the administrative responsibility of the CA from the two sides of the CA undertaking administrative responsibility foundation of practices and administrative responsibility.The fourth chapter studies the criminal responsibility of the CA. First it analysis the main features of the crime. Second, it analysis the types of criminal responsibility bear by the CA. The fifth chapter studies the lack and relief of legal liability of the CA. First it pointes out the lack and relief of legal liability of the CA, second, it put forward the relief of legal liabilities and legislative proposals to China.