중국전자서명법에 대한 고찰

Abstract

The Electronic Commerce has become the leading method of trade in many countries; and the related laws are being established and operated as well in china. However, so far, no law has been established to regulate Electronic Commerce in full scope, and in fact, certain kind of anxiety exists in process to operate Electronic Commerce. In this situation, 《Electronic Signature Law》which has been implemented since April 1st, 2005, by both releasing anxiety due to the absence of Electronic Commerce Law and improving trust and security, it is believed that it will be a milestone to settle Electronic Commerce system in China. The kernel of business affair activities is mainly realized by mutual contract and occasionally, it could be developed in connection with negotiation, conclusion and execution of the contract. As a basic element to compose a contract: summation, agreement, document forms and a seal, should satisfy a certain level of terms and include certain level of effectiveness. The laws of every country have guaranteed a legal validity of the contract and together, it has fixed rights and duties of the both sides via placing specific regulations. However, summation, agreement, document forms and a seal has become unable to satisfy requisition of an original law as a matter of condition and validity, while progression of these business affair activities has moved from traditional method to a Network space. due to a certain kind of limitation in identification of the other person, it became hard to fully-guarantee a mutual benefit under the internet circumstance. Hence, the percentage of internet trading is not high and also there are difficulties in executing businesses such as real estate-deal-contract, stock trading and government supply market. Moreover, to speak about Chinese domestic Electronic Commercial website, both bank payment system and a credit card certification system haven’t been completed yet. Absence of these laws is causing instability in paying and certification of users. What’s worse is that it is reality that it disrupts internet trading circumstance by being a means for criminals to wring money out of a person. The《Electronic Signature Law》of China seems to help find a way out to these problems and encourage establishment of Electronic Commerce Certification System but it has some difference as compared with Korea or international standards that are related to it. Therefore, through this treatise I would like to analyze the essential issue of 《Electronic Signature Law》and lay out reform scheme that corresponds to international standards.