On "electronic Signature Law.

The electronic commerce started quickly as the rapid development of theInternet. However, the development of electronic commerce meets barriers asdata cables, electronic signature, etc. cannot be supported and regulated bythe laws, so scholars and lawyers of each country called on the lawmaking ofthis field. Under the above background, many countries have introducedlegislation of electronic signature. Our country, China, also enacted the"Electronic Signature Law of the People’s Republic of China” in2005afteryears of learning and editing. The enactment of this law promoted the rapiddevelopment of electronic commerce greatly, and also opens the legislation inthis field. It has been eight year from the enactment of “Electronic SignatureLaw” to now, and this law is tested for what needs reserved and what does notfor a better suit of the economic development during this eight years. Based onthe above background, this thesis tries to find the key points that can help toimplement this law after a thorough analysis of Chinese “Electronic SignatureLaw”.This thesis begins with the introduction followed by three chapters as maincontents, and the whole thesis is summarized at last. In the introduction, thetime background of the enactment of “Electronic Signature Law” and the aimsof this thesis are introduced. In the first chapter, the broad and narrowconcepts of electronic signature are introduced first, and some common typesof electronic signature at present are described. Then four characters ofelectronic signature are summarized and the efficacy problem is discussed atlast. In the second chapter, the advantage, disadvantage and the law blanksare analyzed based on the overall introduce of Chinese “Electronic SignatureLaw”. The key points of the discussion concentrate on the law’s shortage inapplied range, authentication service and legal liability, and the law’s blanks in evidentiary effect, Cross authentication problem and right of jurisdiction. In thethird chapter, to solve the legal problems of “Electronic Signature Law”, somemeasures that can promote the development of this law are proposed from themacroscopic aspect of social and legal system, generally containingenhancing the intercommunication of the local and the international, perfectingmating laws and regulations, completing relative legislation, improvingcertification services, increasing the publicity and building Integrity of thenetwork environment. In the conclusion part, the main problems and solvingmeasures that proposed in this thesis are generally summarized anddescribed looking forward to better ideas.The innovation point of this thesis lies on after the overall analysis ofChinese “Electronic Signature Law”, not only deeply discussing the advancedperformance and shortage analysis of the implement of this law, but alsoproposing the legal blanks existing in this law that tested by practice.Meanwhile, jumping out of this law’s level, I discussed how to promote theadvance and improvement of this law from the entire outside environment(international communication, mating facilities, integrity of networkenvironment, etc.). I hope my opinions about Chinese “Electronic SignatureLaw” can make everybody pay more attention on electronic signature andelectronic commerce, and offer more advices and suggestions for thedevelopment of our country’s internet economy.