Identification Of Electronic Signature Evidence

It is lacking both practices and legal provisions for the evidence of electronicsignature.This paper from the electronic signature argument itself, and from the recognizedelectronic signature evidence that standard, Identified means to Identified three aspects of theprogram how to Identified evidence of electronic signatures. And from the above argument, findthe lack of legal provisions now and put an further discussion of how to improve them.In this paper, comparative analysis, literature research, value analysis and other methods tomake a more comprehensive understanding of evidence of electronic signature certificationsystem for in-depth analysis of the relevant rules. Above all, try to make a accomplishment andreclamation of legal system for now.The first chapter discusses the electronic signature standards of evidence Identified inChina. From four conditions of electronic signatures of Electronic Signature Law Article13,make a conclusion: the standards of proprietary of electronic signature evidence are theapplicant’s computer system security, electronic certification body’s network security and sende-Cert process safety; the standards of controlling electronic signature evidence is the privatekey storage security; the standards of electronic signatures can not be changed after thecompletion of evidence are interactive computer system security the parties, public and privatekey matching and message digests match.The second chapter discusses the identified means of electronic signatureevidence.Drawing on foreign law, based on the actual situation of justice in our country, wepropose two electronic signature means the identification evidence, including the establishmentof an expert witness system and has a qualified electronic certificate issuing electronic agencies.The third chapter discusses the procedure of electronic signature evidence.Mainly fromthe proceedings of evidence that the collection procedures, preservation and production thesethree aspects of electronic signatures evidences procedures were discussed.The forth chapter combining theoretical analysis of the preceding chapters and based on judicialpractice to point out the legislation defect that are standards of electronic signature is tooprinciple, no identification means and procedures, management of certification bodies arechaotic. Drawn the countermeasures of make a judicial interpretation to refine the standard,make a supplementation of evidence found means and procedures and improve themanagement of interoperable electronic certification bodies.