Handwritten Electronic Signature As Evidence And Its Practical Significance

Since electronic signature has been invented, it has been widely used and became indispensable in some fields. As a kind of electronic signature, handwritten electronic signature inherits some significant characteristics of traditional handwritten signature, while involves datamation which breakthroughs the time and space limitation of the conventional one, and be quite promising because of this. However, the legislation in China concerning electronic signature is still developing in a basic level, hence the application of handwritten electronic signature is uncertain under the legal situation nowadays. This paper starts with the definitions and features of electronic signature, focus on the comparison between electronic signature and handwritten electronic signature, discusses the changes in the respect of legal evidence, and devotes to finding a way to realize it.Foreword introduces the development and current status of domestic and foreign legislations of electronic signature, stating what these researches in this paper are all based on, and the practical significances of the existence of handwritten electronic signature.The part one of this paper gives introduction of electronic signature and handwritten electronic signature in general, including specific definitions in law and their relation, also presents characteristics and techniques of handwritten electronic signature. This part is the basic of the paper.The part two mainly compares electronic signature and handwritten electronic signature. Firstly it discusses the features shared by both of them, then the differences concerning their carriers, authentication, mode of transport, scope of application, and so forth, additionally states the advantages of handwritten electronic signature.The part three analyses handwritten electronic signature in the light of evidence. Since handwritten electronic signature is not special as an evidence compared to electronic signature generally, this part only probes into electronic signature evidence. In this part, the evidential significances of electronic signature has been elaborately considered, while the opinions of its evidential category are put forward. Moreover, the competence of electronic signature evidence is analysed in the sense of facticity, legality, and relevance. Finally, its probative force and the measures of application is expounded, focusing on the affirmation and requirements of original forms of handwritten electronic signature.Hopefully, this paper would attract more concern on handwritten electronic signature, which could help improve relevant technologies and techniques, then it would play a more important role in developing social productivity.