In addition to technical defects, forgery, misappropriation and fraudulent use of other people's electronic signatures are another type that induces the authenticity risk of electronic signatures. In this regard, Article 32 of the Electronic Signature Law stipulates: "Whoever forges, fraudulently uses or embezzles another person's electronic signature, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who cause losses to others shall bear civil liability according to law. " However, this provision only describes the general handling rules in the case of forgery, fraudulent use and misappropriation of other people's electronic signatures. Therefore, in judicial practice, many civil liabilities of forging, fraudulently using and stealing others' electronic signatures need to be typed and analyzed. Try to start with a case. Suppose B fraudulently uses (forges or steals) A's electronic signature to sign a contract with Goodwill D, and the certification authority of electronic signature is C. In this typical case, because B enters into a contract in the name of A, there is an unauthorized agency relationship among A, B and D (A is the principal, B is the unauthorized agent, and D is the counterpart), and the electronic signature law also stipulates the civil liability of certification authority D, so when analyzing B's civil liability, Involving the legal relationship between A, B, C and D, Case 1: Because B uses A's electronic signature without A's permission, B has no agency authority to trade on behalf of A at all, so D can terminate the contract according to the provisions of no agency right. Paragraph 2 of Article 48 of the Contract Law stipulates: "The counterpart may urge the principal to ratify within one month. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the contract is ratified, the bona fide counterpart has the right to cancel the contract. Revocation shall be made by notice. " If D cancels the contract before A's ratification, B must bear the civil liability for D's return of property and compensation for losses. Article 58 of the Contract Law stipulates: "After a contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered. If both parties are at fault, they should bear their respective responsibilities. " Case 2: D can also choose not to terminate the contract and ask B to continue to perform. Paragraph 1 of Article 48 of the Contract Law stipulates: "A contract concluded in the name of the principal after the actor has no power of agency, exceeds the power of agency or the power of agency is terminated, without ratification by the principal, it will not be effective for the principal, and the actor shall bear the responsibility." If A fails to ratify, D may require B to undertake the responsibility of continuing to perform. Scenario 3: Because the electronic signature used by B has been certified by a certification body and has a reliable appearance, goodwill D conducts transactions based on its trust in the appearance of rights. If A has the ability to predict and control the formation of this false appearance to a certain extent, it should bear the adverse risks brought by the false appearance. This is reflected in the apparent agency system stipulated in Article 49 of the Contract Law, that is, "if the actor has no agency right, exceeds the agency right or concludes a contract in the name of the principal after the agency right is terminated, and the counterpart has reason to believe that the actor has the agency right, the agency behavior is valid". Then, D can ask A to perform the contract on this basis, and after A performs the contract, D can ask B to compensate him for the losses he suffered as a result of performing the contract. Case 4: If the certification body cannot prove that it is not at fault in the electronic signature certification, according to Article 28 of the Electronic Signature Law, the certification body C shall be liable for damages to A and D. After Party C is liable for damages to either party, it may claim compensation from Party B and ask Party B to be liable for damages. It can be seen that the law chosen by D to protect its own interests directly determines the object that B needs to bear civil liability (the client of electronic signature, electronic signer or electronic signature certification body) and the types of civil liability (continuing to perform, returning the original, and compensation for damages).