Author: Zhang Hua vertical
Source: People's Court
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Promote the first move of the organic combination of blockchain application and the rule of law network. In the judicial application process of the blockchain, promote the governance of the source of lawsuits; in the integration of the blockchain into the existing legal process, optimize the resource allocation and resolve the block The combination of chain application and the construction of the integrity system strengthens the integrity construction.
In October 2019, General Secretary Xi Jinping stressed during the eighteenth collective study of the Political Bureau of the Central Committee that it is necessary to promote the orderly development of blockchain technology and industrial innovation, actively promote the development of blockchain technology and economic and social integration, and strengthen the blockchain. Application management. The Fourth Plenary Session of the 19th CPC Central Committee further put forward the need to strengthen and innovate social governance, emphasizing the need to improve the scientific and technological support of the social governance system. To this end, the people's court should seize the opportunity to play a good move in the organic combination of blockchain application and rule of law.
In the judicial application process of the blockchain, new breakthroughs in advancing the governance of litigation sources should be achieved. Governance of litigation often manifests itself in various fields and links to prevent the risk of disputes and reconcile as soon as possible when conflicts arise. Under the traditional contract signing mode, if one party breaches the contract, the opposite party will spend a lot of time and energy to collect evidence to defend the rights. Compared with the lower cost of illegality, the cost of rights protection is high and the period is long. Since 2018, the blockchain has been launched in three Internet courts in the form of a certificate deposit platform. Because of the application of smart contracts, the resolution of conflicts and disputes can be advanced to the initial generation of contract intentions.
Smart contracts compile contract terms into a set of computer code that runs automatically when signed by both parties to a transaction. Once the agreed conditions are met, the corresponding results are triggered immediately. The entire transaction process, performance status and corresponding processing are automatically completed by the smart contract system built into the basic alliance chain. The process is transparent and difficult to forge, which is conducive to guaranteeing the contract to be performed in accordance with the law and to reduce conflicts and disputes.
At present, the on-chain court can unite relevant units or departments and combine contract models to lock key nodes and extract keywords in previous contract disputes, so that the parties' opinions can be converted into enforceable laws in the judicial blockchain. Language, and then determine whether the corresponding conditions have been achieved, then the processes such as the related agreed conditions leading to the fulfillment of liabilities and obligations may be fully automated. This is a key node to deepen the application of judicial blockchain, and it can also be an entry point to improve the co-construction, co-governance and shared social governance system.
It is necessary to integrate the existing legal process of the blockchain into the re-optimization of resource allocation. Scientific and technological innovation and system construction are two rounds of wings that optimize the allocation of judicial resources. The Supreme People's Court's Provisions on Several Issues in Internet Court Trial Cases, which came into effect in September 2018, clearly stated that "electronic data submitted by the parties shall be obtained by means of … blockchain and other evidence collection, fixing, and tamper-resistant technical means or by electronic evidence collection If the certification of the certificate deposit platform can prove its authenticity, the Internet court should confirm that "blockchain applications have penetrated into the key link of conflict resolution. In the recently amended "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", it was further clarified that, except for evidence to the contrary that is sufficient to refute, the existence of electronic data "is provided or confirmed by a neutral third-party platform that records and holds electronic data" In the circumstances, the people's court can confirm its authenticity. Paragraph 2 of this article also stipulates that “if the contents of the electronic data have been notarized by a notary public, the people's court shall confirm its authenticity, unless there is evidence to the contrary that is sufficient to overturn”. Among them, we can find the signs of crossover and conflict between blockchain applications and notarization in judicial auxiliary services. In the near future, the application of blockchain in judicial trials will reach a certain level, which may reduce the amount of notarized evidence.
But for now, the prominent problem facing the judicial application of blockchain is the authenticity of the on-chain data resources themselves. To solve this problem, it is necessary to coordinate the allocation of conflict resolution resources, including judicial resources, in the early stage of the on-chain. According to the requirements of the credibility of the deposit certificate in practice, the full chain of deposit certificates is initiated, which means that people such as people ’s courts The online alliance chain exists as a party to ensure that data is not tampered with. In terms of dispute resolution, issues that can be resolved by third parties do not require premature intervention by the people's court.
We must attach importance to the application of blockchain in the construction of the integrity system, and find the starting point for improving the integrity construction. The construction of the integrity system is related to all aspects of economic and social life. Under the condition that the original social behavior habits are basically fixed, only new things, including blockchain, can penetrate into all areas of social life, and deterrence through the establishment of disciplinary systems, etc. Gradually revise the original cognition.
It is understood that 30% of the 8 key nodes of the blockchain can be tampered with at the same time. Although it takes a certain cost, tampering with two or more parties cannot be completely avoided, and it is associated with dishonesty such as false lawsuits. This problem can be solved through the thinking of the former multi-disciplinary subject to jointly build the alliance chain and the full chain of certificates. The whole process of document storage avoids the possibility of self-talk, qualitative evaluation of the subject's behavior can also become the basic project for the construction of the integrity system, and the application of blockchain and the construction of the social integrity construction system can be promoted together.