Legal Research On The Safety Of Electronic Bills' Signature

Since the regulations of the People's Bank of China on the series of electronic bills have been promulgated,the legal effect of electronic bills has been effectively resolved.However,the safety of electronic bills has been exposed,which has become a major factor restricting the development of electronic bills.There are two factors affecting the safety of electronic bills' signature: reliable electronic signature and electronic signature authentication.As the "Electronic Commerce Model Law" promulgated by the United Nations Trade Commission,China's "Electronic Signature Law" adopts a compromise legislative model,resulting a rigid standard of a credible electronic signature.Different third-party electronic signature authentication between participants and customers,and the inconsistency in legal systems result the electronic signature authentication system's incompatibility between participants and customers,so as to domestic and overseas.In addition,the self-identification mode of the certification body and the self-built certification body of the bank result in insufficient neutrality of the electronic certification institution,which is the main problem existing in the security of the electronic signature in China.To solve the above problems,the following ideas are proposed: First,introduce the technology-specific model to refine the reliable electronic signature judgment standard considering the three aspects of law,technology and business.The second is to establish a cross-certification mechanism between domestic and overseas.The third is to introduce electronic notarization and judicial identification mechanism,which can dynamically preserve the whole process of electronic bill transactions.Judicial authentication serves as a means after electronic bill transactions to realize an all-round supervision for electronic bill transactions.