Beijing Internet Court Judge Zhang Bo: The relevant theory of blockchain applied to justice has not formed a system

On November 8th, at the seminar on “Blockchain Technology and Copyright Protection”, Zhang Bo, a judge of the Beijing Internet Court, mentioned several issues. First, the research results and historical data of the blockchain applied to the judiciary were few. Academic accumulation is relatively weak, and relevant theories have not formed a system. Second, legislation is missing. There are no relevant special legislations at home and abroad to stipulate new types of evidence collection methods including blockchain. The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Internet Court Cases Promulgated in 2018 are limited to three Internet courts. Third, the country did not issue technical standards for blockchains, and industry rules have not yet been formed. Zhang Bo and his colleagues found in the interview research that many people lack a unified understanding of the blockchain. Fourth, for the deposit-taking company to set up an access system, the industry supervision is relatively lacking. At present, the establishment and operation of the deposit-taking company does not require the electronic information license issued by the competent department of the information industry. There is only a record of the record, and there is no review of the effect qualification. This makes judges often need to consider the credibility of evidence from the aspects of platform qualification, neutrality, evidence-proven technology, stored procedures, and verifiability. Fifth, the parties have a vague understanding of the concept of blockchain deposit technology, even professional lawyers. For example, some lawyers will only present an e-Cert in the trial, but this is not enough. It also needs to be accompanied by evidence to prove the company's certification, the deposit process and the verification process. In addition, the judge found that there are certain obstacles to the evidence. At present, the judge's identification of the blockchain evidence is still in the process of exploration, and there are no mature rules.