Studies On The Legal System Of Supervision Of Certification Authority

Different to a traditional transaction, we possibly don't negotiate face to face in E-commerce, but through the computer network. Then some question will be aroused, for example: Is the information possibly known by a third party when transmitted through the network? Is all the information sent by the sender received by the receiver? Is the information modified by others? Certification Authority was founded to solve above. Certification authority, abbreviated as CA, a trusted third-party organization or company that issues digital certificates used to create digital signatures and public-private key pairs. The role of the CA in this process is to guarantee that the individual granted the unique certificate is, in fact, who he or she claims to be. Usually, this means that the CA has an arrangement with a financial institution, such as a credit card company, which provides it with information to confirm an individual's claimed identity. CA is a critical component in data security and electronic commerce because they guarantee that the two parties exchanging information are really who they claim to be.CA plays a very important role in the security assurance of the e-commerce. And network's untreatable, the failure of market, the reasonable of government intervention and the particularity of CA determined that we must carry out supervision on the CA. But at this time of day, very few people studies on this issue. And the related law of CA is not perfect. This article has studied many legal aspects related to CA, and the author hopes that it will be some way helpful and advisable to the CA legislation of China.There are five chapters in the thesis.The first chapter is the introduction, which includes an explanation of the definition of certification authority, the survey of certification authority, and the legal of the survey on certification authority. This chapter also includes an explanation of the specialty of certification authority, the survey of certification authority, and the legal of the survey on certification authority.The second chapter is the discussion of the reasonable on the legal of the certification supervision. The author discussed four reasons. Those are unsafely of online transaction, the failure of market, the reasonable of government intervention and the particularity of CAIn the third chapter, the author employs the research methods of comparison and reasoning and resorts to basic theories of law to discuss such legal issues involved in electronic authentication as the subject, the object and the relations of certification authority.Chapter V describes the status quo of the electronic authentication industry and legislation. Then it evaluates the content, the characteristic and the influence of "Electronic Signature Law" and "Electronic Authentication Service Regulation". In light of the actual development needs of the electronic authentication industry in our country, and the important role of certification authority, based on the foreign advanced legislation experiences, the chapter raises some issues that should be considered during the improvement of our legal system of the survey on the certification authority and accordingly puts forward the suggestions.The improvement of this issue based on: first of all the author discussed the legal of the certification supervision, although most people discuss the civil liability of certification authority, then the author find different kind of reasons on this issue, not only from the areas of legal philosophy, but also from economics and finance.