在国内和国际商业与国际法中建立信任 [5]
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:15048
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。
es. [52]
ESL assigned obligations and liabilities on transacting parties, even though it did not clearly provide obligations for relying parties. [53] In the case where the law demands an electronic signature to be authenticated by a trusted third party, the law provides that a legally recognized authentication service provider should be created to provide such services [54] and must satisfy certain legal requirements. [55] Article 18 mandates service providers to satisfy the requirements contained in article 17 and submit all applications to the “Ministry of Information Industry” for final authorization. [56] Finally and most importantly, ESL recognizes the need to facilitate cross border transactions but “subject to verification by MII on the basis of the applicable agreements or reciprocity principles” and gives legal validity and effect to certificate issued by certification authorities outside the “People’s Republic of China” pursuant to its laws. [57]
SOUTH AFRICA
“The electronic communications and transactions act” [58] was enacted to remove the barriers hampering electronic commerce, encourage and smoothen the progress of universal involvement in electronic transactions, make adequate provisions for human resource development to advance universal electronic commerce and ensure conformity with highest universal principles, promote legal certainty to further boost confidence in utilizing electronic communications technologies and most importantly encourage technology neutral approach of legislation that would facilitate global recognition. [59]
The Act defines electronic signature as contained in article 2(a) of UNCITRAL model law on electronic signature [60] which is considered a simple but basic definition of electronic signature which offers electronic signatures equivalent legitimacy as handwritten signatures, even though the act lays emphasis on advanced electronic signatures. The act provides mandatory requirements that a valid electronic signature must be a method used in identifying an individual indicating his consent to data information. [61] Though parties can choose an agreed form of electronic signature, in the event the law demands the use of a signature, and such law makes no provision to indicate what form of signature to be used and where transacting parties did not decide on the type of signature to use, the law states that only advanced electronic signatures will validly meet the requirement. [62] This is clearly an indication of a two tied approach to regulation. Though it gives electronic signature in its broad term legal validity and effect, it pays particular attention to advanced electronic signatures. It also provides for the evidential strength electronic message and categorically states that principles in the law of evidence should not deprive data message legal validity and admissibility as evidence in a proceeding. The integrity of a data message, its authentication process and it ability to distinctly identify the signatory determines its evidential value. [63]
The signature law mandates the “Director General of the department of communications” to play the vital role of certification authority, who recognizes and validates trusted authentication product or services. And subject to the provisions of section 30, any private or public body can provide authentication services without express consent from the accre
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