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BEIJING, Aug. 28 (Xinhuanet) -- China's top
legislature on Saturday passed the Law on Electronic Signature to boost
electronic business, which for the first time legalizes increasing electronic
deals.
The law was approved after three
deliberations by the Standing Committee of the 10th National People's Congress
(NPC).
The law grants electronic signatures the same legal effect
as handwritten signatures and seals in business transactions, and sets up
the market access system for online certification providers to ensure the
security of e-commerce.
According to the law, the contracts signed via the
Internet have the same legal authority with the paper ones, which is expected to
clear some institutional barriers among the current e-commerce across the
country.
A legal electronic signature should identify the
signer and confirm file content. As Internet trade requires a reliable third
party to identify the signers, the credibility of online certifying
organizations is significant for the transaction security.
"Considering the weakness of China's social
credibility system,the law regulates that the online signatures certification
providers should be approved and administered by governments," said Cao Kangtai,
director of the Legislative Affairs Office of the State Council, in his report
to the top legislature.
The law stipulates that the providers of online
signature certification should be approved and supervised by governments while
both of them should be responsible for their faults. It alsodetails the
responsibilities of supervision departments and certification providers.
Besides the punishment to the departments and
companies making mistakes, the officials and managers who are found faults also
should be punished, according to the law.
The law also grants the legal effect to the
electronic contracts with public utility, which were once excluded by the former
draft. The only exception is the unilateral electronic notice to the public
canceling service like water, electricity, gas.
The State Council started the lawmaking process in
April last year, pooling experience from experts and legislation from developed
nations.
Statistics show that China has some 4,000 websites
dealing withe-commerce and over 70 online certifying centers. China's
InternetData Center (IDC) estimates that domestic revenue from e-commerce
amounted to 60 billion US dollars in 2003. Enditem |