Discussion On The Electronic Apostille Under The Hague Apostille Convention

A country official document in other countries need to use a series of chain certification,time-consuming,costly,is not conducive to the flow of international official documents.In order to address this issue,the Convention on the Cancellation of Certification of Foreign Official Documents(hereinafter referred to as the "the Hague Apostille Convention ")was first signed at the Hague Conference on Private International Law on 5 October 1961,with the aim of simplifying the certification process,To promote international exchanges.According to statistics,115 countries to join the Convention,representing the world's major legal system of the country,as international legal and administrative cooperation,one of the most successful international treaties.With the development of the information age,information technology permeates every aspect of life and work.The way the government works is also quietly changing,the use of information technology not only improve the efficiency,but also to the public and the government to communicate with each other more convenient.At this point,the traditional implementation of the Convention on paper to show low efficiency,the need for human resources and other shortcomings,is a clumsy way of working.Therefore,the 2003 Special Committee Meeting agreed to the use of information technology in the Hague Apostille Convention,and the Special Committee also expressed its support for the inclusion of information technology in the Hague Apostille Convention.The Hague International Private Law Conference and the United States National Notaries Association in 2006 launched the Convention Electronic Pilot Program to promote the use of electronic additional certificates and electronic registers worldwide.Since then,many competent authorities have implemented one or two of the components to confirm the status of the Hague Apostille Convention in the information age.In view of the success of the program,its name was set in January 2012 as tthe Hague Apostille Convention Electronic Certification Scheme.To date,31 countries in the world have joined the Convention and have implemented the Electronic Apostille under the Hague Apostille Convention.The electronic certification system provides a more convenient and efficient platform for public document certification.At present,China has not yet joined the "the Hague Apostille Convention"' China's official documents in foreign use and foreign official documents in China need to use chain certification,a large number of documents not only time-consuming certification,and increase the work of the embassy,Increasing the burden on the government.In keeping with the trend of the times and promoting international exchanges,it is recommended that China join the Convention on the basis of the Convention and actively use the electronic certification system under the Convention.The purpose of this paper is to hope that China can join the Electronic Apostille under the Hague Apostille Convention for a useful discussion.This paper is divided into four parts:The first part outlines the origin and development of "the Hague Apostille Convention"and the impact of the electronic age on "the Hague Apostille Convention".The cumbersome certification process is not conducive to the flow of international official documents,countries have been seeking to simplify the certification process,so "the Hague Apostille Convention" came into being.The Convention provides a convenient condition for certification,greatly improving the efficiency of certification and reducing the burden on the Government and the public.With the advent of the electronic age,the application of information technology to "the Hague Apostille Convention" became a requirement of the times.The second part mainly introduces the Electronic Apostille under the Hague Apostille Convention.This paper introduces four aspects:electronic official documents,electronic database,electronic signature and electronic authentication system.Because electronic certificate and electronic documents supporting the use of documents,so the first introduced the formation of electronic official documents.When the competent authority signs an additional certificate,it must verify the signature or seal of the official document office and require the competent authority to establish a database for storing the signature and seal.Therefore,the establishment of the database and the introduction of the electronic signature are introduced.Finally,an integral part of the Electronic Apostille under the Hague Apostille Convention of Accreditation was introduced,namely the electronic attached certificates and the electronic register.The third part of the Electronic Apostille under the Hague Apostille Convention to implement the most successful countries-Spain perspective introducedthe Electronic Apostille under the Hague Apostille Convention implementation experience,through the implementation of the Spanish Convention on the electronic certification system experience,The electronic certification system is different from the certification system in the paper environment,and the advantages of the electronic certification system are obtained.The electronic certificate is more secure,the electronic register is more convenient and the electronic certification system is less expensive.The fourth part discusses the feasibility of our country's accession to the Electronic Apostille under the Hague Apostille Convention.First of all,from the status quo of China's certification and the "the Hague Apostille Convention" on the individual level and the role of the national level of the three angles of China's implementation of the the Electronic Apostille under the Hague Apostille Convention under the necessity of electronic certification system.Secondly,it discusses the basis of our country's accession to the Electronic Apostille under the Hague Apostille Convention through two aspects of law and practice.