The Research On The Legalissues Of The Eni’Ssignature System

Electronic negotiable instrument (ENI) is a result of the development of the paperynegotiable instrument in the age of internet. In2005, The China merchants bank has launcheda inline system of ENI. The people’s bank of China has also launched the electroniccommercial draft system. At the same time, a lot of legal problems has appeared,one of themost representative is the legal effect of electronic signature。Although the legal effect ofelectronic signature has confirmed by the electronic signature law of the People’s Republic ofChina, The negotiable instrument law stipulated that paper signature must be in written form,the conflict of laws go against the development of the electronic instrument. At the criticalmoment of modify the negotiable instrument law, do some research on the legal issues of theENI’S signature system, and put forward some beneficial suggestions are very necessary. Thearticle is divided into four partsThe first part is the basic theory of the ENI’S signature. The main argument of thissection is the legal significance and the basic form of the electronic signature. In addition, thedifference between the traditional signature and electronic signature in signing way, technicalrequirements, forging method has been discussed too.The second part is the inspection of the ENI’S signature system in China. First of all, therelated law of the ENI’S signature in China has been analyzed. Secondly, this paper hasmentioned that the conflict of laws are consist in the Electronic Signature Law and theNegotiable Instrument Law, in the Measures for the Administration of Electronic CommercialDraft Business and the Negotiable Instrument Law.The third part is discussing the way to complete the ENI’S signature system in China. Ithas point out that the regulatory of the ENI’S signature system is focus on the legitimacy ofthe electronic signature and electronic authenticationThe fourth part is to discuss the path of perfecting the ENI’S signature system in China.There is no need for a separate law as to the legislative style. We should revised theNegotiable Instrument Law, to form such a legal system, that the "electronic signature law"for general regulation, the regulation for the special regulation.