On The Self-regulatory System Of Certification Authority

Certification authority, the third party to protect the safety of trading, plays an essential role inelectronic commerce. Effective regulations on it, not only relates to the development and growth ofthe electronic certification industry, but also concerns on the safety and progress of the electroniccommerce. The regulations implemented by government alone is transforming to the mode that thegovernment and the self-regulatory together. However, there are many problems about theself-regulatory system, because it starts in the developing. So, the author wants to make somesuggestions to the development of the self-regulatory system. The specific research contents are asfollows:Chapter one The legal status and functions of certification authority in the e-commerce ande-government affairs. In order to analyze the legal status and functions of the certification authorityin the e-commerce and e-government affairs, the author starts from the contractual relationshipsbetween the certification authority and the signer, and the reliance interests between thecertification authority and the relying party. In the same time, the author states the supervisionfunctions and the guarantee functions of the certification authority in the e-commerce ande-government affairs.Chapter two The problems of the self-regulatory system of certification authority. The thesisstates the problems from five aspects including the legal system、the self-regulatory organization、the self-regulatory rules、the certification authority set up by itself and the local separatism of thecertification authority. The problems of the legal system are the shortness of practical laws and theconflicts under the current laws. The defects of the self-regulatory organization are the lack ofindependence and regulatory power. Moreover, the disadvantages of the self-regulatory rules arethe incomplete of the certification and accreditation standards、the absence of the dispute settlementmechanism and the unreasonable settings of the CPS. Besides,the weakness of the certificationauthorities set up by itself are their operational risks. At last, the author analyze the reasons of theexistence of the local separatism of the certification authority, and the obstructions it brings to thecross certification system.Chapter three The improvements of the self-regulatory system of certification authority.Corresponding chapter two, the author makes some corresponding solutions. First, we shouldlegislate on a national scale especially add some practical laws, and coordinate the conflicts under the current laws. Second, the legal status and responsibilities of the self-regulatory organizationshould be cleared.Third, it is necessary for to complete the self-regulatory rules,including theimprovement of the certification and accreditation standards、the establish of the dispute settlementmechanism and the improvement of the CPS. Fourth,for the sake of the transform from thecertification authorities set up by itself to the legal ones, the management specialization of them isindispensable. Fifth,we should establish a mutual accreditation system for certificates, whichmeans to build a bridge-certification authority at home, and the trusting domains of PKI in theworld.