But it can also be applied to e-government accordingly. With the improvement of informatization level, government departments began to apply various electronic means in management, such as electronic customs declaration, electronic tax declaration and electronic annual inspection. All legal effects of electronic signatures should be included in the Bill. From the provisions on the scope of application of this law, we can see that the series of rules on electronic signature of this law are mainly applicable to some documents and documents in civil activities, and the content does not completely cover all electronic signature behaviors, which makes the adjustment scope of this law obviously not comprehensive enough.
E-commerce in China experienced the cold winter from 200/kloc-0 to 2003. After the recovery in mid-2003, it immediately entered a period of rapid development and prosperity, which is called the new life after the network bubble. According to the Survey Report on Internet Development in China published by CNNIC every six months, the online demand for online shopping has doubled compared with half a year ago, which shows that e-commerce in China has been out of the predicament. According to CNNIC's14th Internet statistical report, as of June 30, 2004, the total number of Internet users in China was 87 million, which was 140.3 times that of the 620,000 Internet users surveyed for the first time in June/97. The total number of networked computers in China has reached 36.3 million, which is 1.2 1.4 times that of the first survey in1October, which was 299,000. The rapid growth of the total number of Internet users in China has attracted worldwide attention.
E-commerce is the trend of economic development in the future, and constantly improving the basic environment for the development of e-commerce has naturally become a top priority for the development of e-commerce in China. On August 28th, 2004, the 11th meeting of the 10th the National People's Congress Standing Committee (NPCSC) passed the People's Republic of China (PRC) Electronic Signature Law, which will be implemented on April 1 next year. The Electronic Signature Law gives reliable electronic signatures the same legal effect as handwritten signatures or seals for the first time, and defines the market access system of electronic authentication services. This law consists of five chapters and 36 articles. It is the first real e-commerce law in China and is regarded as a milestone in the development of e-commerce in China. The birth of "Electronic Signature Law" undoubtedly provides a legal possibility for China to implement a new generation of electronic authentication that is in line with the world and safer, greatly reducing the risk of online transactions and playing a macro role in ensuring the security of e-commerce.
While rejoicing in the promulgation of the Electronic Signature Law, we should also clearly realize that the development of science and technology and society is faster than the change of law. "We can't turn the law into a mathematical system or a mysterious logical system." Shortly after the Electronic Signature Law was passed, on August 17, 2004, Professor Wang Xiaoyun of Shandong University, a Chinese scientist, announced at the 2004Crypto Conference that MD5, HAVAL- 128, MD4, RIPEMD- 128 had been cracked, and MD5 algorithm was the most mainstream encryption algorithm at present. Professor Wang Xiaoyun's research results have confirmed that the collision using MD5 algorithm will seriously threaten the security of information system, and this discovery poses a severe challenge to the legal effect and technical system of electronic signature. Nicholas negroponte, the founder of MIT Media Lab, said in his book "Digital Survival", "I think our laws are like fish struggling on the deck, gasping for breath, because the digital world is a completely different place. Most laws are made for the world of atoms, not for the world of bits. " Only by linking stability and continuity with the interests of development and change can the legal system exist for a long time and avoid disasters.
In addition, due to the openness and globality of the Internet itself, many legal issues of security and integrity have also arisen in the process of electronic transactions. Before the law provides the necessary guarantee for the security and integrity of electronic signatures, neither enterprises nor consumers will be willing to conduct online transactions. Integrity and security issues have become the core issues of e-commerce. We should eliminate these two concerns through technical and legal means.
Legal basis:
People's Republic of China (PRC) electronic signature method
Article 1 This Law is formulated in order to standardize electronic signatures, establish the legal effect of electronic signatures and safeguard the legitimate rights and interests of the parties concerned.
Article 2 The term "electronic signature" as mentioned in this Law refers to the data contained in a data message to identify the identity of the signer and show that the signer approves its contents.
The term "data message" as mentioned in this Law refers to information generated, sent, received or stored by electronic, optical, magnetic or similar means.
Article 3 In civil activities, the parties may agree on the use or non-use of electronic signatures and data messages in contracts or other documents and documents.
A document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message.
The provisions of the preceding paragraph shall not apply to the following documents:
(a) involving marriage, adoption, inheritance and other personal relationships;
(two) involving the cessation of water supply, heating, gas supply and other public utilities services;
(3) Other circumstances in which electronic documents are not applicable as stipulated by laws and administrative regulations.