电子签名的功能等同原则（the functional equivalence principle of electronic signature）.doc

电子签名的功能等同原则(The functional equivalence principle of electronic signature)
The functional equivalence principle of electronic signature
(1) the signature equivalent function in the model law on merce;
In addition to the signature function, depending on the nature of different signature signed documents, and a variety of other functions: for example, a signature can prove that the parties would contract constraint; that someone recognizes it as a document of the author; that someone agreed to a written document by others content; to prove that a person in fact. Somewhere sometime
In order to ensure to be certified message not only due to not be certified in accordance with the paper special way to deny its legal value, combined with China World Trade Center law "model law" merce adopted prehensive approach to the provisions of article seventh:
"(1) if a person is required to sign by law, for a data message, this requirement is satisfied if the circumstances are as follows.":
(a) the use of a method to identify the identity of the person and indicate that the person has recognized the information contained in the data message; and
(b) in all cases, including the use of any relevant agreement, the methods used are reliable and appropriate for the purpose of generating or transmitting data messages"
The above provisions which determine what in general, the data message is regarded as having sufficient credibility through certification, and can be executed, as to signature requirements. The two basic functions of seventh focused on signing a document: one is to determine the author; two is confirmed that the author agreed with the the contents of the file.
According to the "guide" issued by the UNCITRAL Model Law on merce, the (1) (a), established the principle that in the electronic environment, as long as the use of a method to identify the data message originator and the originator recognized the data message content, can achieve the basic functions of legal s