電子簽名法word版(已修改)
2025-09-03 01:34 本頁面
【正文】 Electronic Signature Law of the People39。s Republic of China (Adopted at the 11th Meeting of the Standing Committee of the Tenth National People39。s Congress on August 28, 2004 and promulgated by Order of the President of the People39。s Republic of China on August 28, 2004) Contents Chapter I General Provisions Chapter II Data Message Chapter III Electronic Signature and Certification Chapter IV Legal Responsibility Chapter V Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted in order to standardize acts of electronic signature, validate the legal effect of electronic signature, and safeguard the lawful rights and interests of the parties concerned. Article 2 For the purposes of this Law, electronic signature means the data in electronic form contained in and attached to a data message to be used for identifying the identity of the signatory and for showing that the signatory recognizes what is in the message. The data message as mentioned in this Law means the information generated, dispatched, received or stored by electronic, optical, magnetic or similar means. Article 3 The parties concerned may agree to use or not to use electronic signature or data message in such documentations as contracts and other documents, receipts and vouchers in civil activities. The legal effect of a document, with regard to which the parties concerned have agreed to use electronic signature or data message, shall not be denied only because the form of electronic signature or data message is adopted. The provisions of the preceding paragraphs shall not be applicable to the following documents: (1) documents relating to such personal relations as marriage, adoption and succession。 (2) documents relating to the transfer of the rights and interests residing in such real estate as land and houses。 (3) documents relating to termination of such public utility services as water supply, heat supply, gas supply and power supply。 and (4) other circumstances where electronic documentation is not applicable, as provided for by laws and administrative regulations. Chapter II Data Message Article 4 A data message, which can give visible expression to the contents carried and can readily be picked up for reference, shall be deemed to be the written form which conforms to the requirements of laws and regulations. Article 5 Data messages that meet the following conditions shall be deemed to satisfy the requirements for the form of the original copies as provided for by laws and regulations: (1) messages that can give effective expression to the contents carried and can readily be picked up for reference。 and (2) messages that can unfailingly guarantee that the contents remain plete and unaltered from the time when they are finally generated. And the pleteness of the data messages shall not be affected when endorsements are added to the data messages or when their forms are altered in the process of data interchange, storage and display. Article 6 Data messages that meet the following conditions shall be deemed to satisfy the requirements for document preservation as provided for by laws and regulations: (1) messages that can give effective expression to the contents carried and can readily be picked up for reference。 (2) the format of the data messages is the same as the format when they are generated, dispatched or received, or although the format is not the same, the contents originally generated, dispatched or received can accurately be expressed。 and (3) messages the addressers and receivers of which and the time of their dispatch and receipt can be identified. Article 7 No data messages to be used as evidence shall be rejected si
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