Generally speaking, the legal liabilities related to fraudulent use of electronic signatures include civil liability, administrative liability and criminal liability. Among them, the focus is on the punishment of administrative responsibility. If there is a fine, the certification certificate will be revoked.

People's Republic of China (PRC) electronic signature method

Article 27 If an electronic signer knows that the electronic signature production data has been or may have been compromised, fails to notify the relevant parties in time, stops using the electronic signature production data, fails to provide true, complete and accurate information to the electronic certification service provider, or has other faults, thus causing losses to the relying party of the electronic signature and the electronic certification service provider, he shall be liable for compensation.

Article 28 If an electronic signer or electronic signature dependent suffers losses from engaging in civil activities based on the electronic signature authentication service provided by an electronic authentication service provider, and the electronic authentication service provider cannot prove his innocence, he shall be liable for compensation.

Twenty-ninth without permission to provide electronic certification services, the competent department of information industry in the State Council shall be ordered to stop the illegal act; Illegal income, confiscate the illegal income; If the illegal income is more than 300,000 yuan, a fine of more than one time and less than three times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 300,000 yuan, a fine of100,000 yuan but not more than 300,000 yuan shall be imposed.

Article 30 If an electronic certification service provider suspends or terminates the electronic certification service and fails to report to the competent information industry department of the State Council 60 days before the suspension or termination of the service, the competent information industry department of the State Council shall impose a fine of 1 10,000 yuan but not more than 50,000 yuan on the directly responsible person in charge.

Thirty-first electronic certification service providers do not abide by the certification business rules, fail to properly preserve certification related information, or have other illegal acts, and the competent information industry department of the State Council shall order them to make corrections within a time limit; If no correction is made within the time limit, the electronic certification license certificate shall be revoked, and the directly responsible person in charge and other directly responsible personnel shall not engage in electronic certification services within ten years. If the electronic certification license certificate is revoked, it shall be announced and notified to the administrative department for industry and commerce.

Article 32 Whoever forges, fraudulently uses or embezzles another person's electronic signature, which constitutes a crime, shall be investigated for criminal responsibility according to law; If losses are caused to others, they shall bear civil liability according to law.

Article 33 If the staff of the department responsible for the supervision and administration of electronic certification services according to this Law fail to perform their duties of administrative licensing and supervision and administration according to law, they shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

2. What is an electronic signature?

An electronic signature is not a digital image of a written signature. It is actually an electronic code, through which the recipient can easily verify the identity and signature of the sender on the Internet. It can also verify whether the original text of the file has changed during transmission. If someone wants to send an important document to people in other places through the Internet, both the recipient and the sender need to apply for an electronic license from the licensing authority CA(GlobalSign). This encryption certificate includes the applicant's public key on the Internet, that is, the "public computer password", which is used for file verification.

The sender encrypts the file with the public key of the receiver issued by CA, and signs the file with its own key. When the recipient receives the file, he first analyzes the signature with the sender's public key to prove that the file is indeed sent by the sender. Then use your own private key to decrypt the file and read it.

Electronic signature is the general name of modern authentication technology. According to the Uniform Electronic Transactions Act of the United States, "electronic signature" refers to "an electronic sound, symbol or program associated with or logically associated with an electronic record, which is signed or adopted by someone for the purpose of signing an electronic record"; According to the United Nations Model Law on Electronic Commerce, an electronic signature is the data in electronic form contained in, attached to or logically associated with a data message, which can be used to confirm the identity of the signer related to the data message and show that the signer approves the information contained in the data message; The European Union's Electronic Signature Directive stipulates that "electronic signature" generally refers to "data in electronic form connected or logically connected with other electronic records and used as authentication methods."

The above is the answer to the question "the legal responsibility of fraudulently using electronic signature". Fraudulent use of electronic signature needs to bear relevant legal responsibilities, including civil liability, administrative liability and criminal liability. I hope I can help you. If your situation is complicated, we also provide you with professional lawyer online consulting services. You are welcome to have legal consultation again.