People's Republic of China (PRC) Electronic Signature Law is a law formulated to standardize electronic signature behavior, establish the legal effect of electronic signature and safeguard the legitimate rights and interests of all parties concerned. People's Republic of China (PRC) Electronic Signature Law stipulates that an electronic signature is an electronic code that can be used to verify the sender's signature or identity online. It is a long-distance authentication method with temporal and spatial characteristics. Please read the following for details.
Electronic signature is different from the signature with legal significance that the author writes his own name and mark in order to express his responsibility for documents and documents. Electronic signature is the electronic data attached to or logically related to data messages. It can be used for the identity of the signer of a data message and shows that it is consistent with the information contained in the data message. The traditional signature means that a specific person writes his own name to show that he will be bound by the written content. The requirements for signature include correct name, writing form and personal handwriting.
However, with the rapid development of economy and science and technology, the traditional electronic signature has become an obstacle to many transactions. Formal requirements often lead to unfairness; Lack of operability in public transactions or trade; Defects such as inconvenient use in electronic communication environment make the traditional signature questioned. In addition, the traditional signature itself has limitations and risks. Limited to tangible solid objects such as paper, the cost of writing or transmission is much higher than that of electronic communication media. Secondly, it must be written by an individual himself, which is significant for the occurrence of legal forms in the evidence law. However, from the point of view of the number and frequency of transactions, it is not suitable for large-scale transactions due to the limitations of the writer's energy, time and action space. Third, the possibility of traditional electronic signatures being forged is quite high. On the one hand, counterfeiting does not require high technology and cost; On the other hand, the identification of forged signatures requires certain preconditions and professional skills, and the accuracy of identification is by no means foolproof. With the vigorous development of e-commerce, transaction security has become one of the core issues to be solved urgently. Confidentiality of information; Authentication of the parties to the transaction; Non-repudiation of information; Information integrity and tamper resistance are its requirements. However, in business transactions conducted by computer network tools, the carrier of information has become paperless, so electronic signatures have emerged. Electronic signature and traditional signature are functionally equivalent, but there are many differences between them.
Legal basis:
Article 1 of People's Republic of China (PRC) Electronic Signature Law
This Law is formulated with a view to standardizing the behavior of electronic signatures, establishing the legal effect of electronic signatures and safeguarding the legitimate rights and interests of all parties concerned.