若干法律纠纷实务中的电子签名勘验

The Inquest Due to Electronic Signature in Several Legal Cases

随着网络支付的普及,电信诈骗防不胜防.在涉及电子银行交易记录的法律实务中,银行与储户之间的法律纠纷也日益增多.其中,交易指令是否为储户发起的真实有效指令是评判的核心.为了证明涉案电子签名的可靠性,根据《电子签名法》,结合笔者接触的若干案件,设计了适用的勘验方案,围绕“数字签名是否为可靠的电子签名”,对网上银行交易记录、网上银行交易流程以及网上银行交易设备进行勘验,为银行应诉提供支撑,并在实际应用中取得了良好的效果.

With the popularity of online payment, telecommunication fraud can't be prevented. Legal disputes between Banks and depositors are also increasing in the legal practice involving electronic banking transaction records. Among them, the core of the judgment is whether the transaction instruction is a true and effective instruction initiated by the depositors. In order to prove the reliability of the electronic signature involved in the case, this paper designs a suitable inquest scheme based on the “Electronic Signature Law”, according to several cases that the author has contacted. Centering on whether digital signature is reliable electronic signature, it conducts inspection on online banking transaction records, online banking transaction process and online banking transaction equipment. It provides support for banks to respond to lawsuits, and has obtained good results in practical applications.