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  Article 28 Where an electronic signatory or the party relying on the electronic signature suffers losses due to engaging in civil activities on the basis of the electronic signature verified by an electronic verification service, and if the electronic verification service fails to prove that it is free from fault, the service shall bear the responsibility for compensation. (来源:专业英语学习网站 http://www.EnglishCN.com)

  Article 29 Where a person provides electronic verification services without permission, the department in charge of the information industry under the State Council shall order him t desist from illegal act; the unlawful gains, if any, shall be confiscated; if such gains exceed RMB 300,000 Yuan, a fine of not less than one time but not more than three times the unlawful gains shall be imposed; and if there are no unlawful gains or the amount f such gains is less than 300, 000Yuan, a fine of not less than 100, 000 Yuan but not more than 300, 000 Yuan shall be imposed.

  Article 30 Where an electronic verification service that intends to suspend or terminate electronic verification services fails to report to the department in charge of the information industry under the State Council 60 days prior to the suspension or termination of service, the said department shall impose a fine of not than 10,000 Yuan but not more than 50,000 Yuan on the person who is directly in charge of the service.

  Article 31 Where an electronic verification service fails to observe the rules for verification, fails to have the information relating to verification well preserved, or commits other illegal acts, the department in charge of the information industry under the State Council shall order it to rectify within a time limit; if it fails to comply at the expiration of the time limit, its electronic verification license shall be revoked, and the persons who are directly in charge of the service and the other persons who are directly responsible shall be prohibited from engaging in electronic verification service within the period of 10 years. If an electronic verification license is revoked, the fact shall be made known to the public and the administrative department for industry and commerce shall be informed of the same.

  Article 32 Where a person counterfeits, copies or usurps the electronic signature of another person's which constitutes a crime, his criminal responsibility shall be investigated according to law; and if losses are caused to another person, he shall bear civil responsibility according to law.

  Article 33 Where a staff member of the department in charge of supervision and administration over the electronic verification industry in accordance with license and exercising supervision and administration according to law, he shall be given and administrative sanction according to law; and if a crime is constituted, he shall be investigated for the criminal responsibility according to law.

  Chapter Ⅴ

  Supplementary Provisions

  Article 34 The meanings of the following terms used in this law are:

  (1)the electronic signatory means a person who holds the creation data of an electronic signature and produces the electronic signature either in person or on behalf of the person he represents;

  (2)the relying party on the electronic signature means the person who engages in relevant activities on the basis of his trust in the certificate of the electronic signature or the electronic signature;

  (3)the certificate of the electronic signature means a data message or other electronic records that can prove the connection between the electronic signatory and the creation data of the electronic signature;

  (4) the creation data of an electronic signature means such data as the characters and codes that are used in the course of the electronic signature and that reliably connects the electronic signature with the electronic signatory; and

  (5)the validation data of and electronic signature means the data used for verifying the electronic signature, including the code, password, algorithm and pubic key.

  Article 35 The State Council or the departments specified by the State Council may, in accordance with this law, formulate specific measures for the use of the electronic signatures and data messages in administrative and other public activities.

  Article 36 This Law shall go into effect as of April 1, 2005.

 
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