The Parties Legal Responsibility Of The Electronic Signature Law

On April 1,2005,the "Electronic Signature Law of the People's Republic of China" was formally implemented(here "Electronic Signature Law" for short).It is the first real meaning of the information law of China.This law widely absorbs the international advanced experiences of E-commerce legislation,and it will play an extremely important role in China's E-commerce and E-government development. The Electronic Signature Law provides for that a reliable electronic signature shall have equal legal force with both handwritten signature and the seal.So it provides protection for the electronic signature of E-commerce and E-government from the laws.In the electronic signature transaction,the three main parties are involved: electronic signer,electronic certificate authority(CA),and the party relying on the electronic signature.Sometimes it may relate to the management of the electronic certificate authority.The Electronic Signature Law gives legal regulations on the legal liability of related parties in the electronic signatures.However,these legal regulations are still too general.In a total of seven articles,most on electronic certificate authority in the issue of legal liability,only one on the electronic signer and the legal liability of the party relying on the electronic signature is not involved. Because electronic signature has the high-tech relativity and no case can be referred to the judicial practice.Hence,the proof and attributions are most difficult in the course of implementing.The refinement of legal liability on the Electronic Signature Law is necessary.This thesis focuses on two investigations to explore the problem of attribution of legal liability.On the one hand,in accordance with the relevant laws to analyze in detail the legal responsibilities of each party on the Electronic Signature Law.On the other hand,fraud behaviors and its attributions to legal liability are studied when evidence can not be quoted in the high-tech environment of the electronic signature process.Firstly,we analyze the legal relationship of parties in the electronic signatures.Then we analyze the legal responsibilities of the parties according to the relevant laws.Finally,we study the fraud behaviors and its attributions of legal liability in the electronic signature process.This thesis tries to explore fraud prevention and ascription of legal liability from technology and law in the course of electronic signature.In a word,the purpose of this thesis is to give some suggestions for the effective implementation of the Electronic Signature Law.