In order to standardize the behavior of electronic signature and establish the legal effect of electronic signature, on August 28th, 2004, China promulgated the People's Republic of China (PRC) Electronic Signature Law, which came into effect on April 1 2005. By establishing the legal effect of electronic signature, clarifying the rules of electronic signature, eliminating the legal obstacles to the development of electronic bills, safeguarding the legitimate rights and interests of all parties to electronic bills, ensuring the security of electronic transactions, and creating a good legal environment for the development of electronic bills and e-commerce.
Article 2 of the Electronic Signature Law defines an electronic signature, that is, it is contained in a data message in electronic form with data for identifying the identity of the signer and indicating that the signer approves its contents. Generally speaking, it is an electronic technical means, which can identify the identity of traders in electronic documents, ensure the security of transactions, and play the same role as handwritten signatures or seals. In addition, article 14 stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal. This also gives electronic signature and signature the same legal effect to a certain extent.
Unfortunately, however, we can't find the connection with the Electronic Signature Law in the current Bill Law, and the corresponding connection is very important for building the legal system of electronic bills in China.
Article 4 of the current negotiable instrument law stipulates: "When making a negotiable instrument, the drawer of the instrument shall sign the instrument in accordance with legal conditions and bear the liability of the instrument according to the recorded items. When exercising its rights, the holder shall sign the bill in accordance with legal procedures and produce the bill. If other debtors sign the bill, they shall bear the bill liability according to the items recorded in the bill. " Article 7 stipulates: "The signature on a negotiable instrument means signature, seal or signature plus seal. The signature of the legal person or other organization that uses the bill shall be the signature of the legal person or other organization plus the signature of its legal representative or its authorized agent. The signature on the bill of exchange shall be the real name of the party concerned. "
Therefore, at present, Bill Law in China does not recognize the payment and settlement method of non-paper electronic bills authenticated by electronic signature. Due to the rapid circulation of bills and strict formal requirements, the current Bill Law in China strictly limits the formal requirements of signatures to the form of autographs or signatures, and does not clearly stipulate whether other forms can produce legal effect.
However, in the actual operation of electronic bills, the issuance and circulation of electronic bills, as well as the allocation and settlement of corresponding funds, are virtually realized on the Internet. Paperless electronic transactions are adopted, and the signature of electronic transactions can only be realized through electronic signatures. During this period, no signature or seal of any actor is involved. Whether electronic signature really has legal effect or not gives different results in electronic signature law and negotiable instrument law. Therefore, it is urgent to unify the provisions of the Electronic Signature Law and the Bill Law as soon as possible, clarify the legal status of electronic signatures in the Bill Law, and ensure the legitimacy and effectiveness of electronic signatures.
In addition, the security of electronic data involved in electronic bills is also the main reason that restricts its development. Traditional bill fraud is easy to be found through careful comparison, while electronic bill fraud is not easy to be found to some extent. Therefore, it is necessary to establish a legal system of electronic bill security, which not only stipulates the technical security requirements, but also further clarifies the rights, obligations and responsibilities of banks and customers, so as to safeguard the legitimate rights and interests of the parties.
legal ground
People's Republic of China (PRC) electronic signature law.
Thirteenth electronic signatures meet the following conditions at the same time, as reliable:
(1) When the electronic signature production data is used for electronic signature, it belongs to the exclusive rights of the electronic signer;
(2) When signing, the electronic signature production data is only controlled by the electronic signer;
(3) Any changes to the electronic signature after signature can be found;
(4) Any changes to the content and form of the data message after signature can be found.
The parties can also choose to use electronic signatures that meet their agreed reliable conditions.
Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.