I. Construction of e-commerce policies and regulations in China in 2005
1. the National People's Congress Standing Committee (NPCSC) has promulgated the electronic signature law.
On August 28th, 2004, the 11th meeting of the 10th the NPC Standing Committee passed the People's Republic of China (PRC) Electronic Signature Law (hereinafter referred to as the Electronic Signature Law), which came into effect on April 6th, 2005. The promulgation of Electronic Signature Law indicates that the development of China's e-commerce law has entered a new stage.
The Electronic Signature Law is not only the first law in the field of informatization in China, but also the first administrative license set by legislation in the information industry and informatization field since the promulgation and implementation of the Administrative License Law. By establishing the legal effect of electronic signature, standardizing the behavior of electronic signature, safeguarding the legitimate rights and interests of all parties concerned, the electronic signature law guarantees the security of electronic transactions from the legal system, promotes the development of e-commerce and e-government, creates a good legal environment for the development of electronic certification service industry, and lays an important foundation for the establishment of China's e-commerce security certification system and network trust system.
The drafting of electronic signature law in China has gone through three stages: draft for comments, draft and final draft. The whole drafting process is also a process of deepening understanding of the new authentication technology of electronic signature.
1998, two years after the promulgation of the UNCITRAL Model Law on Electronic Commerce, the United Nations began to draft the UNCITRAL Model Law on Electronic Signatures. The drafting of the Model Law on Electronic Signatures is discussed in Vienna and new york in February and September every year, and the number of participating countries has gradually expanded from the initial dozen to more than 80. From 65438 to 0999, China began to follow the legislative work of electronic signature of the United Nations. At that time, the Ministry of Foreign Trade and Economic Cooperation sent a delegation to participate in relevant meetings, and put forward the drafting opinions of the Model Law according to the development of e-commerce in China. On June 24th, 2002, 65438+, the Model Law on Electronic Signature of the United Nations Commission on International Trade Law was formally adopted. Chinese scholars have conducted in-depth research on electronic signature in a wider scope. After years of tracking and in-depth research and debate, the important role of electronic signature in modern social government affairs and business activities has gradually been recognized by people from all walks of life.