With the popularity of the electronic litigation platform, the online trial of future cases will become the norm. The use of blockchain technology can effectively improve the efficiency of electronic evidence circulation and improve the efficiency of online judicial trial activities.
At the 2019 China Blockchain Technology Conference held in Chengdu recently, a number of participating experts and industry representatives put forward the above viewpoints.
The conference was hosted by the Chinese Computer Society.
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Electronic evidence application still has obstacles
In recent years, while the Internet industry has changed people's production and lifestyle, it has also put forward new requirements for judicial practice and court services.
Hangzhou, Beijing, and Guangzhou have successively established Internet courts to specifically handle various types of Internet-related cases within their jurisdiction. Courts at all levels across the country have also launched online e-litigation platforms such as the micro-courts to realize the online processing of civil and commercial cases, so that "data runs more, people run less errands", in order to facilitate the parties and improve the efficiency of judicial trials.
In 2012, China's three major procedural laws were revised, and the electronic evidence was included in the independent evidence type in the procedural law. In judicial practice, many parties also tend to submit chat records, online transaction information, electronic contracts, etc. as electronic evidence to the judiciary. However, in the opinion of the judiciary, these electronic evidences have problems that are easily forged and easily falsified. Therefore, the Court’s long-standing attitude towards electronic evidence is more “undocumented and cannot be proved not falsified”.
In 2018, the White Paper on China's Electronic Evidence Application, published by the Mobile Notary Data Center, showed that 73% of national civil cases involved electronic evidence. However, in a study conducted by the Law School of Renmin University of China, it was found that in most cases, the court did not clearly determine whether or not to accept the electronic evidence, which accounted for 92.8%; only a few were made to determine the acceptance of the letter, accounting for only 7.2%. .
Blockchain technology helps speed up trials
It is generally believed that whether electronic data can become electronic evidence must meet the three-dimensional requirements of evidence, namely authenticity, relevance, and legitimacy. Blockchain deposits use distributed storage and attach a tamper-proof check mechanism to enable electronic evidence to be stored securely from the original storage medium, ensuring the authenticity of the electronic evidence carrier. In the standard case of "preferred evidence" (such as in civil cases), the information contained in the electronic evidence can prove certain legal facts, especially the proof of the party's meaning and legal behavior.
The related technologies of blockchain technology have also partially improved the relevance and legitimacy of electronic data. The Supreme People's Court's Regulations on Several Issues in Internet Court Trial Cases, issued in September 2018, confirmed for the first time the means of electronic evidence such as electronic signature, trusted time stamp, hash value check and blockchain.
Feng Bingnan, deputy director of the Technical Office of the Sichuan Higher People's Court, believes that the mobile micro-court is like a high-speed rail, promoting the development of judicial information, and the judicial blockchain is like a railroad track, carrying judicial applications, and surrounding the trial of electronic evidence and promoting the people. The trial of the court and the reform of the trial system continue to enrich new judicial trials.
Blockchain is a transcribed, traceable, and shared distributed ledger technology. The application of blockchain technology in the judicial field can solve the problem of electronic data being falsified in the past, guarantee the authenticity of electronic data, realize the transformation of "electronic data to electronic evidence", improve the acceptance rate of electronic evidence, and thus improve the trial efficiency of the court. .
Taking the article handling and plagiarism common in the network as an example, the right holder often needs to notarize the infringement, and then upload the notary scan to the electronic litigation platform to start the next lawsuit. In this way, it is bound to increase the cost of rights holders to defend their rights.
According to the White Paper on the Judicial Protection of Intellectual Property Rights in Chinese Courts (2018) issued by the Supreme People's Court in 2019, in 2018, the national courts collected a total of 312,171 cases of intellectual property rights, and 195,408 of the first-instance cases were copyright cases. Among them, the number of copyright disputes caused by the network involved is huge.
It is worth noting that if the case is judged to constitute an infringement according to the traditional trial method, it will greatly increase the workload of the court, but in such cases where the facts are clear and the target amount is small, if the judicial blockchain is used. Technology, in conjunction with the mobile micro-court and other electronic litigation platforms, when the evidence is clear and the credibility is high, the judge can quickly decide the case, thereby improving the efficiency of the whole process.
National on-line micro court before the end of the year
At present, there are two modes of judicial blockchain deposit: one is the public chain, each node in the chain can freely join and exit the network, and participate in the reading and writing of data on the chain, and there is no centralized service in the network. End node. The other is the alliance chain. Each node of the alliance chain usually has an organization corresponding to it. After authorization, it can join and exit the network. Each organization organizes an interest-related alliance to jointly maintain the healthy operation of the blockchain.
"The alliance chain is currently a better choice," said Li Wei, assistant to the director of the Institute of Electronic Science and Information Technology of the Ministry of Industry and Information Technology. Many representatives also believe that the adoption of the alliance chain model can better guarantee the authenticity of the uplink data.
Taking the letter-chain platform launched by China Electronic Technology Network Information Security Co., Ltd., Tencent Company and Beiming Software Co., Ltd. as an example, the letter chain will adopt the consensus mechanism to include the public trust institutions such as the court, copyright office, notary office and appraisal center. Nodes, guaranteeing the uplink data is a multi-party consensus of various credibility agencies, which can improve the efficiency of judicial decisions.
“Using the blockchain can reduce the cost of litigation and speed up the litigation process. Once the infringement occurs, the blockchain can be traced back to the most original documents, which can prove whether it is infringing.” Wang Hao, the capital copyright protection alliance center, said that We are working with the letter chain to protect the interests of copyright owners.
Wu Pingping, director of the Tencent Legal Innovation Center, believes that China Mobile Micro Court should solve the problem of connection between parties, lawyers and courts and judges, and also need to solve the problem of evidence connection. The letter chain can establish a credible evidence of “from electronic data to electronic evidence”. aisle.
At present, China Mobile Micro Court has landed in 1,500 courts in 17 provinces including Sichuan, Hebei and Zhejiang. According to the plan of the Supreme People's Court, it will be launched in all provinces before the end of this year. According to Wu Pingping, the new version of China Mobile Micro Court will solve the problem of evidence connection in electronic litigation based on the new evidence module for the development of letter chain technology.
Legal Daily Reporter Zhang Weifa Legal Daily Trainee Reporter Wang Wei Manuscript Source: Legal Daily Internet Rule of Law