在国内和国际商业与国际法中建立信任 [4]
论文作者:英语论文论文属性:短文 essay登出时间:2014-10-11编辑:zcm84984点击率:14974
论文字数:4372论文编号:org201409201245564576语种:英语 English地区:英国价格:免费论文
关键词:国际电子商务E-Commerce国际法LAW ESSAY电子签名技术
摘要:本文是一篇国际商业与国际法的留学生法律作业,为在国家和国际电子商务力图树立信心,电子签名已经成为大多数电子通信的重要组成部分。无论是在合同或交易的通信,发达国家和发展中国家都采取和实施各项准则和法规来规范使用电子签名。
a contractual context. [37] The law specifically made provisions for the time and place for a valid contract formation [38]
Although the Law makes provision for basic legal requirements for electronic contracts and acknowledges the validity of a “data message as a form of writing” it does not provide a legal functional equivalence of electronic signatures and documents to handwritten documents nor provides for the validity and enforceability of electronic signatures. [39] Rather the law addresses vital issues occurring as a result of electronic commercial activities. [40]
With the ideology that ‘business practices always go before the law’ governments in Shanghai, Hainan, and Guangzhou provinces were the first to pave way for electronic signature legislations. [41] They set up certification authorities to provide trust services [42] and enacted laws to regulate electronic transactions, supervise electronic certification services and authenticate electronic documents, even though these laws were only effective within the said jurisdiction and were subject to the
constitution and other administrative laws endorsed by the “National People’s Congress”. [43]
In 2004, the Electronic Signature Law [44] (ESL) was enacted by the Standard “Committee of the National People’s Congress” to eliminate legal barriers hampering the development of electronic transactions and provide uniform rules applicable to all provinces thereby boosting China’s assurance in electronic transacting to further promote global electronic commerce.
This has been considered to be China’s most remarkable improvement in electronic commerce industry, because it was the first law enacted particularly to deal with issues involving electronic transactions [45] . To further supplement ESL, the “Ministry of Information Industry (MII) also enacted the Administrative Measure on Electronic Certification Service (AMECS)” in 2005. [46]
Consistent with electronic signature laws in other countries like USA, Germany and UK, ESL defined electronic signature to mean “content data in the form of electronic message, contained in and attached to a data message, to identify the signatory and indicate the signatory’s consent to the content of the data message”. [47] ESL proffers better consistency when utilizing electronic signatures and awards electronic signatures equivalent legal status as handwritten signatures or seals. [48] ESL also makes provision for rights of parties to come to a decision on the type of electronic signature to use or choose not to use any, where transacting parties consent to utilize electronic signatures, such signatures must not be deprived of legal effect. [49] The parties are given independence to decide on an agreed electronic signature that duly satisfies basic credibility requirements. [50] ESL awards electronic signatures equivalent legal status to seals or handwritten signatures except where evidence rebutting the credibility and genuineness of the signature is presented. [51] It regulates the processes assumed while utilizing electronic signatures and clearly outlined the privileges and duties of the subscriber, certification authority and relying party.
The law also provides that an electronic signatory must handle their electronic signature/documents carefully, and in the event it is illegally disclosed, they must inform transacting parties and revoke the use of such signatur
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