중국 전자인증기구의 인증책임에 대한 검토 -민사책임을 중심으로-

Recently, the volume of e-commerce transactions in China has increased explosively,and the electronic certifcation busines has also increased rapidly. The legal status and scope of responsibilty of the electronic certifcation authority incharge of electronic certifcation services are becoming an important isue. However, despite the importance of the functions and roles of the electroniccertifcation authority, the law on the electronic certifcation authority provides veryabstractly its legal responsibilties. In this paper, I emphasize that civil liabilty is the most important among the variousforms of responsibilty that electronic certifcation authority must bear. Thus, a summary of the nature, content, and scope of the civiliabilty of the electroniccertifcation authority to the aplicant and the trustes is as folows:First, the civiliabilty of the electronic certifcation authority to the aplicant is mainlyresponsible for breach of contract and aditonal tort liabilty. Secondly, the liabilty of the electronic certifcation authority to trustes is tort liabilty, and the principle of presumption of negligence aplies to the distribution of prof ofsuch liabilty. For this reason, the electronic certifcation authority bears a relatively heavyresponsibilty. Since the Electronic Commerce Law does not provide for this, the isueof limitng the responsibilty of the electronic certifcation authority has ben raised. Inthis regard, it is considered relatively apropriate to use an autonomous restrictionmethod based on the electronic certifcation busines rules. The isue of extrateritorial aplication of electronic certifcation isued by theelectronic certifcation authority must be resolved through bilateral or multilateralagrements. However, detailed discusions on this isue are out of the question.