Enabling justice and blockchain guiding justice

Blockchain headquarters 2021-05-15 14:41:12 阅读数:783

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enabling justice blockchain guiding justice


Produce |  People numbers FINTECH

Coordinating editor | Jin Zhaoyu  

The first figure |  Pay to download in visual China  

With the development of digital technology , Electronic evidence includes sound 、 picture 、 Video and other forms appear more and more frequently in litigation cases .

But it's easy to collect evidence, but hard to prove it , When electronic evidence is formed, it is not always able to determine the time of data generation 、 Record the real person's identity, etc . And the production of electronic evidence 、 Store 、 There is the possibility of tampering with the transfer environment .

 

in addition , Traditional electronic evidence still needs to be presented in the form of traditional documentary evidence in judicial practice , That is, we need to extract data + snapshot + Paper quality + Print + In the form of notarization , This makes once the electronic evidence is extracted, it will become a copy, which needs to be witnessed by the institutions with the qualification of electronic evidence forensic institutions, appraisers and professional lawyers , And through complicated notarization procedures , Not only is it expensive 、 Long time , And taking evidence in court 、 There are difficulties in demonstration .

 

Unique to blockchain technology, it can't be tampered with 、 Decentralized storage, etc , It coincides with the pain point of electronic evidence . Blockchain can reduce the cost of electronic evidence 、 Enhance the authenticity of electronic evidence , So as to improve the efficiency of litigation .

 

at present , Blockchain + Justice has been applied in many cities : Beijing Internet court 「 Balance chain 」、 Guangzhou Internet court 「 Netcom law chain 」、 Hangzhou Internet court 「 Judicial blockchain 」 etc. .

Blockchain helps justice

In our country , The judicial context of electronic data is 2012 Year is the dividing line , Before that , Electronic data cannot be used as independent evidence in litigation , Lack of relevant laws , Technology is growing wildly .2012 year , Our country is against 《 Civil Procedure Law of the people's Republic of China 》 as well as 《 Criminal procedure law of the people's Republic of China 》 After modification , Respectively in the civil procedure law 63 strip 、 Criminal procedure law 48 The article proposes that electronic data should be included in the legal classification of evidence . after , With the judicial attention to electronic data is increasingly prominent , Laws and regulations on electronic data have sprung up , The use of electronic data in the judicial field of evidence 、 Adduce evidence 、 The demonstration made specific provisions , Electronic data is in the process of legalization .

 

It is worth noting that ,2018 year , The Supreme People's court enforced 《 Provisions of the Supreme People's Court on Several Issues concerning the trial of cases by Internet courts 》, It is the first time to recognize the legality of electronic evidence stored in blockchain for Internet cases , It is an important step in the application of blockchain technology and judicial field . thus , The combination of blockchain and electronic evidence has officially entered the stage of history , Start to gradually implement .

 

At present, judicial blockchain can mainly solve three kinds of disputes : Digital rights 、 Financial contracts and Internet service contracts .

 

Users can upload their digital works to the judicial blockchain , Each node of the judicial blockchain will review the work , Record the electronic data needed to be deposited in the form of transaction , Time stamp , Pack and chain , Generate a unique hash value to feed back to the user .

 

Privacy scheme based on data encryption and decryption technology is also an important part of judicial blockchain . Other users can only see one hash value , Can't see the original electronic data corresponding to the hash value , It also protects the privacy of the parties . at present , The total amount of certificates deposited on the judicial chain has broken through 19 Billion bars .

 

In addition to the confirmation of rights , Judicial blockchain will also start infringement monitoring at the same time , Once it's detected that someone else is using the digital work , That will automatically solidify the evidence , Provide electronic evidence for subsequent prosecution .

 

The above process , In fact, it is equivalent to simplifying the process of notarization , So as to fix the evidence efficiently .

 

in addition , If users find that others have infringed their copyright , You can immediately log on to the Internet, and the court can sue online .

 

It is worth noting that , In presenting evidence , The parties can enter the hash value of the copyright or infringement of the work that has been registered before , No need to upload evidence repeatedly , It also simplifies the process of handling cases .

 

Of course , Besides judicial blockchain , Some courts also support other evidence storage platforms or local upload of evidence .

 

And from the prosecution of the parties , Mediation 、 File a case 、 delivery 、 Cross examination of evidence 、 A trial 、 Sentence 、 Execution affects the quality and efficiency of the trial 、 The key links that affect the credibility of justice will be covered with blockchain “ stamp ”.

 

these “ stamp ” Including the trusted time 、 Trusted identity 、 Trusted processes 、 Trusted environment and other key information , And broadcast to all nodes of the blockchain in real time , Leave a mark all the way 、 Safe and controllable 、 No tampering , Can effectively prevent and reduce the occurrence of disputes . The whole process records on the chain , It further ensures the authority and transparency of the judiciary .

 

Judicial blockchain is also in practical application , Improve the efficiency of the case trial . Wang Jiangqiao, executive vice president of Hangzhou Internet court, said , After using judicial blockchain Technology , Because the facts are clear 、 irrefutable evidence , Hangzhou Internet court intellectual property disputes dispute mediation before the withdrawal rate has exceeded 90%.

The judicial deposit of blockchain is still facing challenges

Technology and legal norms are the key links

However , Although the advantage of blockchain judicial deposit is obvious , Huge development potential , But there is no denying that , At present, there are still some challenges in the wide application of blockchain in the judicial field , Specifically, the key technologies of blockchain are weak 、 The business process is separated from the actual chain 、 The legal norms of electronic evidence authentication are not clear 、 Lack of compound talents and so on .

 

Take the technology itself , The key technologies of blockchain still need further breakthroughs . at present , Blockchain technology is still at an early stage of development , There is a lack of technical capacity 、 The information privacy protection technology brought by the online link is not mature 、 The stability of the system is not strong . Due to the particularity of judicial business , The judiciary has massive data resources 、 Complex subject collaboration , One side , The limited scalability of blockchain technology cannot cover all business scenarios . And on the other hand , Blockchain technology has data transparency , That is, all participants in the chain have the right to view data , The privacy security risk in judicial data interconnection can not be underestimated .

 

The judicial , It's the last line of defense of social justice , The combination of blockchain and justice is the wind vane of blockchain application . Predictably, , With the continuous feedback and expression of business requirements related to electronic data , Blockchain technology will be repeatedly tested in the process of continuous iterative optimization , Get a new boost , Release more value in justice and other industries .

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