People's Republic of China (PRC) Electronic Signature Law is a law formulated to standardize electronic signature behavior, establish the legal effect of electronic signature and safeguard the legitimate rights and interests of all parties concerned.

Electronic signature refers to the data contained in the data message in electronic form and accompanied by data used to identify the identity of the signer and show that the signer approves its content.

In civil activities, the parties may agree to use or not use electronic signatures and data messages in contracts or other documents, vouchers and other 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.

People's Republic of China (PRC) Electronic Signature Law is a law formulated to standardize electronic signature behavior, establish the legal effect of electronic signature and safeguard the legitimate rights and interests of all parties concerned. It was formulated by the NPC Standing Committee. People's Republic of China (PRC) Electronic Signature Law is regarded as the first real legislation in the sense of China's e-commerce law.

People's Republic of China (PRC) Electronic Signature Law was passed on August 28th, 2004, and came into force on April 28th, 2005. The current version is 2065438+ revised at the 10th meeting of the 13th NPC Standing Committee on April 23rd, 2009. Electronic signature has been widely used in daily life and civil activities, such as the signing of banking business, contracts, documents and vouchers.

In May, 2002, the drafting of People's Republic of China (PRC) Electronic Signature Law, organized by the State Council Informatization Leading Group, was officially launched.

In April 2003, according to the legislative work plan of the State Council, the Legislative Affairs Office of the State Council, together with the Ministry of Information Industry and the Information Work Office of the State Council, began to take over the drafting of the Electronic Signature Law of People's Republic of China (PRC) (Draft). The draft was first submitted to the eighth meeting of the National People's Congress Standing Committee (NPCSC) for consideration on April 2, 2004. After the tenth second reading, the draft was adopted at the eleventh meeting.

Adopted at the 11th meeting of the Standing Committee of the Tenth NPC on August 28th, 2004, and implemented on April 6th, 2005.

20 15 On April 24th, the 14th meeting of the Standing Committee of the 12th NPC revised the Decision on Amending Six Laws.

According to the decision of the 10th meeting of the 13th NPC Standing Committee on April 23, 20 19 on amending eight laws, including the Building Law of People's Republic of China (PRC).

Electronic signature is different from the signature with legal significance that the author writes his own name and mark in order to express his responsibility for documents and documents. Electronic signature is the electronic data attached to or logically related to data messages. It can be used for the identity of the signer of a data message and shows that it is consistent with the information contained in the data message.

The traditional signature means that a specific person writes his own name to show that he will be bound by the written content. The requirements for signature include correct name, writing form and personal handwriting. However, with the rapid development of economy and science and technology, the traditional electronic signature has become an obstacle to many transactions. Formal requirements often lead to unfairness; Lack of operability in public transactions or trade; Defects such as inconvenient use in electronic communication environment make the traditional signature questioned. In addition, the traditional signature itself has limitations and risks. Limited to tangible solid objects such as paper, the cost of writing or transmission is much higher than that of electronic communication media. Secondly, it must be written by an individual himself, which is significant for the occurrence of legal forms in the evidence law. However, from the point of view of the number and frequency of transactions, it is not suitable for large-scale transactions due to the limitations of the writer's energy, time and action space. Third, the possibility of traditional electronic signatures being forged is quite high. On the one hand, counterfeiting does not require high technology and cost; On the other hand, the recognition of forged signatures requires certain preconditions and professional skills, and its recognition accuracy is absolutely foolproof.

Legal basis:

Article 13 of the Electronic Signature Law of People's Republic of China (PRC) shall be regarded as a reliable electronic signature if it meets the following conditions:

(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.