On the e-commerce and notarized legal issues of（在電子商務(wù)和公證的法律的問題）

1、 On the e-commerce and notarized legal issues of Abstract With the continuous development of e-commerce, e-commerce activities notary, real legitimate trading activities to ensure safe and effective, has become an important content of the e-commerce legal support system construction notary complete.

2、 This paper begins with an overview of e-commerce justice The main meaning, and then analyzes the focus at this stage of Chinas e-commerce notary Legal System, and effective measures to improve the development of Chinas e-commerce just to provide a reasonable reference for related personnel familiar

3、 with e-commerce Notary. The paper Keywords e-commerce notarized legal measures With the continuous development of network information technology, network economy in the world within a wide range of universal application, but due to the e-commerce due to virtual and geographical boundaries, leading

4、to the development of e-commerce is facing more problems. First, the e-commerce legal, real , notary, and safe and effective like a traditional business trade can not be as clear. Secondly, the e-commerce under the jurisdiction of the uncertainty due to the cross-regional, Internet fraud have occurr

5、ed this notary system introduced in the e-commerce, for solving the e-commerce these issues have an important role in promoting First, a notary public, as the legitimate authority of the institutional sector, through legal means to prove the legality of the content of the e-commerce. Secondly, a not

6、ary public as to avoid disputes, reduce litigation notary Judiciary service e-commerce organizations, to promote the further development of electronic morning. , At this stage, Chinas e-commerce notary development Overview To combine e-commerce with the notary system, the simplest and most effective

7、 way is to apply for the e-commerce notary business. Notarial office staff based on the application of the parties to the case, legitimate e-commerce program as well as the contents of e-commerce and the true extent of network or other platform be notarized. substantive content of the e-commerce not

8、arized by Notarys e-commerce platform specifically set, the process of e-commerce transactions parties to the transaction, the proof of the genuineness and legality. notarization of electronic commerce characteristics are mainly the following aspects: the notarial office for parties as well as the a

9、pplication of e-commerce activities as a notary body of the e-commerce the notary notarized network as platform, electronic notary notarial activities, just the main content is lawful notarization information network technology and e-commerce activities, e-commerce notarial activities aim to ensure

10、that the e-commerce activities in the real legitimate e-commerce notarization notarization means to adapt to the new situation of economic development has changed the traditional notary procedures and Notarial method, but e-commerce notarial activities are still in based on the premise of national l

11、aws and regulations to carry out the fundamental properties of behavior proved right has not changed, but belongs to develop an extension of a notary public in the network within the National Notary institutional changes in the Notary host-guest appropriate adjustments to meet countries, as well as

12、the need for e-commerce notarized proof right. Second, the e-commerce the notarized legal support system construction At this stage, in the global trade notary legislation for e-commerce is still in its early stages, and improve the legal system is still not enough, the main content of the legislati

13、on is both identification for e-commerce transactions, the authenticity of the transaction information, commerce contract law and e-commerce transactions, especially in the payment process standardization as a product of the development of network information technology, e-commerce notary must build

14、 a new program system should be distinguished from the traditional e-commerce notary system, should be covered, including e-commerce host-guest aspects of e-commerce transactions, content and e-commerce transaction process content. 1. Process of e-commerce activities in the main notary notary for th

15、e main trading identity of the body, that is reliable for the truth of the main body of the e-commerce transaction activities, mainly by means of electronic signature or the notarized proof in the form given by other means. Electronic signatures as the core content of the e-commerce notary activitie

16、s, usually using special symbols or code to replace the traditional signature and seal, and continue to regulate perfect a standardized procedure, data electronic information for e-commerce activities in the main body for identification. Electronic signature standardization should be to ensure that

17、it is safe and reliable, and in accordance with the following characteristics: electronic signature signed a unique electronic signature data can effectively identify the transaction subject specific e-commerce activities, as well as the specific environment, electronic signatures signed to develop

18、and set up additional information, be able to avoid the control of others, electronic signature generation to the change timely prompted signatory. In order to achieve the legitimacy of the e-commerce notary, must ensure the legality of electronic signatures to get the first electronic signature of

19、the signer must provide the identity of the authenticity of the information, take pictures by the the electronic notary notary organization of the signer identity documents checked, electronics business operating license, as well as information management qualifications and various information netwo

20、rk data through e-commerce platform for entry, last electronic signature the legality of electronic signatures is the basis of the e-commerce notary activities, to ensure that e-commerce notary activities quality has an important role. Active subject of e-commerce transactions the notary. Topics not

21、ary is true for the object of the transaction process of trading activities, legally necessary certification be notarized e-commerce activities have virtual sex, so its object mainly concentrated in trading in kind, rather than for a particular behavior notary. 3 transaction contract notarized for e

22、-commerce transactions to ensure the legitimate rights and interests of the trading parties, must be notarized by the electronic contract but because of contract law and other legal provisions, mainly refers to the contract, written letters can be tangible performance transaction contract content fo

23、r e-commerce transactions notary, our data electronic information in the form of business notary need to take legislative support, you can take tangible carrier or other electronic information data storage data copy, and after both e-commerce transactions confirm notarized so that it has the same pr

24、obative force. The implementation of e-commerce transactions notary for the implementation of e-commerce transactions notary need to pay attention must be guaranteed notary matters directly related to the transaction, the notary the fact that the development of the normal activities of e-commerce tr

25、ansactions or abort the impact. Links to free papers Download Center Third, the development of e-commerce notary perfect measures study To ensure the smooth progress of the work of the e-commerce notary must rely on a complete legal support and effective working methods, combined

26、 with our e-commerce Notary status quo, promotion should focus on improving the e-commerce workflow from the following aspects: Establish national or regional e-commerce notary network platform to build e-commerce network notary platform, and equipped with adequate manpower support hardware and soft

27、ware facilities support, is to ensure that the basis of the e-commerce notary work smoothly at this stage of many have established the Electronic Certification (certification authority, can be an effective solution to both electronic trading authentication problem. certification, to play its role in

28、 the security of e-commerce transaction services through the CA center, the true extent of e-commerce contract due relevant legal system is clearly defined duties and powers as well as the scope of work still need to be notarized network platform for e-commerce, and confirmed by appropriate legislat

29、ion. 2. Ensure the notarized network platform security network notary information security platform has important implications for the safety of e-commerce transactions, security hardware and software systems on the network platform should focus on ensuring that the computers physical, system, netwo

30、rk connection equipment, network services as well as data security as the basis for e-commerce transactions, network security is to ensure the smooth progress of the basis of e-commerce transactions. Secondly, the legislation should be strengthened to ensure the security of e-commerce transaction ne

31、twork, and to crack down on e-commerce activities criminal behavior at this stage, China has an exit for network security << safeguarding Internet security decisions >> << PRC Computer Information System Security Protection Ordinance >> << computer information network i

32、nternational networking security management approach >> and other related laws and regulations, can be temporarily in accordance with these laws and regulations for the management of network security. Regulate e-commerce Notary workflow. Has a large difference with the traditional e-commerce n

33、otary in e-commerce transactions, and should therefore be explicitly regulate e-commerce transaction workflow, improve the efficiency of e-commerce Notary. Application and Acceptance of e-commerce transactions via the trading parties should first reach a consensus view, and then through the e-commer

34、ce network platform, will sign the electronic signature of the contract is sent to the CA or other network authentication center notarized application and by recognized e-commerce notary network center and review of the preservation of evidence, the notary accepts the notarization request to begin t

35、he preliminary examination, a clear trading both sides of the main qualifications, identity authentication, the contents of the contract, as well as notary wishes. Review for e-commerce notary, should be in the hands of the notarization request, has not yet produced a notarial certificate before a c

36、omprehensive audit of the investigation based on the facts as well as law, e-commerce notary parties to provide evidence material as the most core of e-commerce Notary most critical examination quality is directly related to e-commerce notarial document quality, transaction security, as well as the

37、legitimacy of the transaction, but also to ensure that the electronic notarial functions play on the basis of the review should include the following aspects: the main body of the e-commerce notary parties qualifications, civil capacity, identification information, and electronic signature by party

38、certification by the e-commerce network platform, whether e-commerce and focus on its behavior review the qualifications of the electronic contract is perfect legitimate, whether the contents of the contract accurately confirm legality. For Notary investigation, mainly e-commerce network-centric ele

39、ctronic notary in order to ensure a notarized legal true and reliable, and the actual investigation and evidence collection from the network, which is the basic terms of reference of the law network certified staff, is also a Notary evidence collection an important way. For e-commerce network notari

40、zed certification as well as public service of the certificate, the first should be strictly in accordance with the relevant laws and regulations, according to the results of the review of the electronic notary for notarization matter, sent to the parties in accordance with the approval process for

41、e-commerce notarial acts to meet the relevant conditions, notarization e-commerce for the public service of the certificate, in addition to taking the network platform for notarized documents notarized served on the parties, should the network platform backup storage, the use of electronic signatures to facilitate the parties at any time, to prevent accidental loss phenomenon. Continue to strengthen staff training and education of the e-commerce notary First for electronic notarization staff, must demand th