Legal objectivity:

In addition to technical defects, forgery, misappropriation, and fraudulent use of other people’s electronic signatures are another type of risk that induces the authenticity of electronic signatures. In this regard, Article 32 of the "Electronic Signature Law" stipulates: "Whoever forges, impersonates, or steals the electronic signature of others, constituting a crime, shall be held criminally responsible in accordance with the law; whoever causes losses to others shall bear civil liability in accordance with the law." However, this provision is only It generally describes the general handling rules in the case of forgery, counterfeiting, or misappropriation of other people's electronic signatures. Therefore, in judicial practice, many civil liabilities for forging, counterfeiting, or misappropriating other people's electronic signatures still need to be typified and analyzed. Let’s first explore this issue by combining a case. Assume that B falsely uses (forges or steals) A's electronic signature to sign a contract with D in good faith. The certification authority for the electronic signature is C. In this typical case of fraudulent signature, since B entered into the contract in the name of A, an unauthorized agency relationship was formed between A, B, and D (A is the principal, B is the agent without authority, and D is the relative person), and the "Electronic Signature Law" also stipulates the civil liability of the certification authority D. Therefore, when analyzing the civil liability of B, it involves the legal relationship between A, B, C, and D. Scenario 1: Since B uses A’s electronic signature without A’s permission, B does not have the agency authority to conduct transactions on behalf of A at all. Therefore, D can revoke the contract based on the provisions of lack of agency authority. Article 48 of the Contract Law Paragraph 2 stipulates: "The counterparty may urge the principal to ratify it within one month. If the principal fails to make an expression, it shall be deemed to have refused to ratify it. Before the contract is ratified, the counterparty in good faith has the right to cancel it. Cancellation shall be by notice. "If D cancels the contract before A ratifies it, B must bear civil liability to return the property and compensate for the loss. Article 58 of the "Contract Law" stipulates: "After the contract is invalid or revoked, the property obtained as a result of the contract shall be returned; if it cannot be returned or there is no need to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for any losses suffered as a result. If both parties are at fault for the loss, they shall each bear corresponding responsibilities.” Scenario 2: D can also choose not to cancel the contract and require B to continue to perform. Article 48, Paragraph 1 of the Contract Law stipulates: “A contract entered into in the name of the principal after the actor has no agency authority, exceeds the agency authority, or the agency authority has been terminated, shall not be effective against the principal without ratification by the principal. , the perpetrator shall bear the responsibility.” If A fails to ratify, D may request B to continue to perform the liability. Scenario 3: Since the electronic signature used by B has been certified by the certification agency and has a trustworthy appearance, the transaction made by D in good faith based on the trust in the right appearance, if A also has certain rights in the formation of this false appearance. To the extent that they have the ability to predict and control, they should bear the adverse risks arising from false appearances. This is specifically reflected in Article 49 of the Contract Law, which stipulates the apparent agency system, that is, "the actor has no agency power, exceeds the agency power, or enters into a contract in the name of the principal after the termination of the agency power, and the counterparty has reason to believe that the actor has agency." If the agent has the right, the agency act is valid." Then, D can request A to perform the contract accordingly. After A completes the performance of the contract, it can request B to compensate for the losses it suffered due to the performance of the contract. Scenario 4: If the certification agency cannot provide evidence to prove that it is not at fault in the certification of electronic signatures, certification agency C shall be liable for damages to A and D according to Article 28 of the Electronic Signature Law. After C assumes liability for compensation to any party, it can seek compensation from B and require B to bear liability for damages. It can be seen that the law D chooses to protect his interests directly determines the object of B's ??civil liability (the relying party of the electronic signature, the electronic signer or the electronic signature certification agency), and the type of civil liability that needs to be borne (continued performance of the , return of original items, compensation for damages).