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Does the electronic signature have legal effect?
With the proposal of the "Fourteenth Five-Year Plan" in 2020, it is clear that the development of digital economy and the promotion of digital industrialization and industrial digitalization have become the new kinetic energy for the high-quality development of domestic economy. As one of the basic capabilities of digital economy, electronic signature has also ushered in a golden period of rapid growth.

So, what is an effective electronic signature?

The Electronic Signature Law was promulgated and implemented in 2005, in which:

Thirteenth electronic signatures meet the following conditions at the same time, as reliable:

When the electronic signature production data is used for electronic signature, it belongs to the exclusive of the electronic signer;

When signing, the electronic signature production data is only controlled by the electronic signer;

Any changes to the electronic signature after signing can be found;

Any changes to the content and form of the data message after signing can be found.

In other words, an electronic signature needs to ensure the signer's true identity, true will, signature fidelity and message fidelity at the same time in order to be a reliable electronic signature.

And the original handwritten electronic signature.

The original handwriting patent technology is adopted to record personal biometric signature information such as strokes, stroke sequence and stroke pressure, and the electronic signature data can be reliably linked with the signer to ensure the true identity of the signer.

Adopt a cryptographic system based on IBC. When making an electronic signature, the signer needs to enter personal identification information to confirm the signature. The signature process is the embodiment of the free will of the electronic signer, which ensures the true will of the signer.

The technologies such as national secret encryption algorithm, point-to-point encrypted transmission and blockchain are adopted to prevent signature data and signature messages from being tampered with. At the same time, signature recognition, handwriting restoration, handwriting traceability, document verification and other technologies are adopted to ensure that any changes can be presented and the signature and message fidelity are guaranteed.

Article 14 A reliable electronic signature has the same legal effect as a handwritten signature or seal.

In other words, the original handwriting electronic signature has the same legal effect as the handwritten signature or seal.

Article 16 Where an electronic signature requires authentication by a third party, a legally established electronic authentication service provider shall provide authentication services.

The regulation and its definition clearly list that digital certificates and biometrics are legal electronic signatures at present.

Only by adopting the third-party authentication method can legally established electronic authentication service providers provide authentication services. Some electronic signatures may not need authentication, for example, some electronic signatures generated by biometric technology can directly distinguish the authenticity of electronic signatures according to the physiological characteristics of the signer.

The original handwriting electronic signature is the only electronic signature based on biometric technology in China, which is not a third-party authentication method.

Judicial recognition

The original handwriting electronic signature conforms to national laws and regulations, has extremely high judicial effect, and is recognized by the Supreme People's Procuratorate.

The first judicial authentication institution for electronic signature of original handwriting

In April, 20021,Chongqing Aoxiong Judicial Appraisal Institute was established with the approval of Chongqing Municipal Bureau of Justice, which is the first judicial appraisal institution of original handwriting electronic signature in China.

Be recognized by the judicial department

From June 5438 to June 2020 10, the Supreme People's Procuratorate organized industry experts to demonstrate and accept the project of "Electronic Signature of Handwriting (Original Handwriting)". The technical scheme has been recognized and praised by the Supreme People's Procuratorate, China Criminal Police College, Southwest University of Political Science and Law, Chongqing Public Security Bureau, Chongqing Higher People's Court, Chongqing People's Procuratorate and other judicial departments and industry experts. And formed the following specific opinions:

1, "Aoxiong handwritten original handwriting electronic signature system" has the traceability functions of signature formation, data message fusion, data flow and preservation of the whole path.

2. "Aoxiong Handwritten Original Handwritten Electronic Signature System" can be applied to administrative, civil, criminal and other fields that need signature confirmation, and has application foundation.

3. "Aoxiong Handwriting Original Handwriting Electronic Signature System" replaces paper signature with signature equipment and electronic pen, which has the ability of evidence.