With the continuous advancement of information technology, the world has officially entered the digital age. Digitalization has played an important role in politics, economy, social governance, and people’s lives, and has continuously reshaped the development pattern of modern society. In judicial proceedings, the well-known types of evidence are also undergoing changes, and electronic evidence has begun to be gradually applied in judicial practice. Blockchain, as a distributed cryptographic technology with multi-party collaboration and non-tampering, can guarantee the non-tampering of information based on the storage certificate based on blockchain technology, and the chain block structure with timestamp guarantees the storage certificate It has strong verifiability and traceability, and has a natural fit with electronic data storage. It provides new solutions for electronic data storage and becomes an inevitable choice to improve judicial efficiency and reduce judicial costs.
On November 9, the “Opinions of the Supreme People’s Court on Supporting and Ensuring Shenzhen’s Construction of a Pilot Demonstration Zone for Socialism with Chinese Characteristics” was deliberated and approved by the Party Committee of the Supreme People’s Court and formally issued for implementation. The “Opinions” highlights the important role of blockchain in the construction of the legal system, especially in the field of trial, and pointed out that it will improve the system for determining technical facts and promote the wide application of blockchain technology in intellectual property trials; comprehensively promote the block The in-depth application of information technology such as chain in judicial work has improved the level of intelligence in judicial work and comprehensively strengthened the construction of smart courts. The previous People’s Daily published “Continuously Marching towards Modernization of Governance” pointed out that my country should enter a new stage of development and take greater courage and more measures to break down deep-seated institutional and institutional barriers, and uphold and improve the socialist system with Chinese characteristics. , To promote the modernization of the national governance system and governance capabilities. It is foreseeable that blockchain, as one of the important technologies for the modernization of social legal governance, will be given more attention.
In this context, the “Report on the Application of Blockchain Judicial Deposits” is available today. This report starts with the background of electronic data deposits and analyzes the current problems in the judicial application of electronic data deposits. The application value of data deposit evidence, and in-depth research on the application scenarios and actual cases of blockchain deposit evidence, aiming to deepen the public’s understanding of blockchain judicial deposit and promote blockchain in the field of judicial deposit Burst out greater value.
The following is the essence of the report:
Origin: Blockchain + electronic evidence enters the stage of history
The report pointed out that in my country, the legal context of electronic data is based on 2012. Prior to this, electronic data could not be used as independent evidence to participate in litigation, related laws were lacking, and technology had grown savagely. In 2012, after revising the Civil Procedure Law of the People’s Republic of China and the Criminal Procedure Law of the People’s Republic of China, my country proposed to include electronic data as legal evidence in Article 63 of the Civil Procedure Law and Article 48 of the Criminal Procedure Law. classification. Since then, as the judicial circle’s emphasis on electronic data has become increasingly prominent, laws and regulations related to electronic data have sprung up, and specific provisions have been made for the use of electronic data in the judicial field for evidence storage, proof, and display. Embarked on the process of legalization.
It is worth noting that in 2018, the Supreme People’s Court’s Provisions on Several Issues Concerning the Trial of Cases in Internet Courts, which was implemented by the Supreme People’s Court, recognized for the first time the legality of using blockchain-based electronic evidence to provide evidence in Internet cases. An important step in the application of blockchain technology and the judicial field. At this point, the combination of blockchain and electronic evidence has officially entered the stage of history and has begun to be gradually implemented.
The combination of blockchain and judicial deposits brings “four advantages”, highlighting the application value
The report pointed out that the blockchain plays an outstanding role in judicial deposits, which can bring four very significant advantages.
There are many judicial deposit scenarios of blockchain, and the application prospects are broad
The report pointed out that the characteristics of blockchain decentralization, distributed ledgers, traceability, and non-tamperability play a very prominent role in judicial deposits, in the field of courts, inter-departmental judicial coordination, social deposits, notarized deposits, archive deposits, etc. There are broad application scenarios in the six areas of big data governance and supervision.
Based on the above application scenarios, the report selects the Beijing Internet Court-Tianping Chain, Hangzhou Internet Notary Office-Baoquan.com, CITIC Consumer Finance-Online Lending Contract Judicial Deposit Certificate, and State Grid from the three dimensions of industry pain points, technical solutions, and project effectiveness. -Enterprises actively defend judicial deposit services, copyright owners-copyright chain, State Grid-trusted chain, Sinopec-blockchain electronic archives, China Classification Society-shipping chain, medical big data-health chain and other nine typical cases In-depth analysis.
Taking Tianping Chain as an example, in order to solve the problems of electronic evidence storage, obtaining evidence, and certification, the Beijing Internet Court led the National Information Security Development Research Center of the Ministry of Industry and Information Technology, Beijing Trust Technology Corporation and other companies to establish Electronic evidence platform-balance chain. The typical application mode of the Tianping Chain is based on the rules and regulations of the Tianping Chain. It provides two methods for various Internet applications: direct deposit on the balance chain and cross-chain deposit to the balance chain through its own blockchain. The Internet platform writes the electronic data generated or uploaded by the user, and writes its hash value directly into the balance chain or cross-chain into the balance chain at the first time; the Internet platform writes the data in the balance chain’s deposit number (cross-link access) It is also necessary to return the deposit number on the self-built chain of the Internet platform to the user; when the electronic data involves a case under the jurisdiction of the Beijing Internet Court, the user can submit the corresponding deposit number and original electronic data, and the backstage of the balance chain can automatically verify the electronic data. The integrity of the data and the storage time, and the information such as the on-chain identification, balance chain verification status, storage time, storage content, and verification success/failure are displayed to the judge, thereby improving the judge’s efficiency in adopting electronic data. At present, the scale has 20 connected nodes, completed the docking of 25 application nodes in 9 categories, including copyright, copyright, and Internet finance. There are more than 23 million electronic data on the chain, and the amount of cross-chain certificate data has reached hundreds of millions.
Blockchain judicial deposits are still facing challenges, and technology and legal regulations are key links
However, despite the obvious advantages of blockchain judicial evidence and huge development potential, it is still undeniable that there are still certain challenges in the wide application of blockchain in the judicial field, which are manifested in the weakness of key blockchain technologies and business processes. Separation from the actual chain, unclear legal regulations for electronic evidence certification, and lack of compound talents.
Taking the technology itself as an example, the key technology of blockchain still needs further breakthroughs. At present, blockchain technology is still in the early stage of development, and there are problems such as insufficient technical carrying capacity, immature information privacy security protection technology brought by the chain, and weak system stability. Due to the particularity of the judicial business, the judicial department has massive data resources and complex subject coordination. On the one hand, the limited scalability of blockchain technology cannot cover all business scenarios. On the other hand, blockchain technology has data transparency, that is, all participants on the chain have the right to view data, and the privacy and security risks in judicial data interconnection cannot be underestimated.
Justice is the last line of defense for social justice, and the combination of blockchain and justice is the vane of blockchain applications. It is foreseeable that with the continuous feedback and expression of business needs related to electronic data, blockchain technology will be repeatedly tested in the process of continuous iterative optimization, gain new boosts, and release more in the judicial and other industries. the value of.