On October 24, 2019, in order to promote the governance of litigation sources, resolve disputes from the source and rebuild cyberspace credit, Hangzhou Internet Court launched a blockchain smart contract judicial application system, opened a new model of credit ecosystem-level litigation source governance, and will It was first applied to the field of e-commerce. On December 19 of the same year, the first case of applying blockchain smart contract technology was pronounced in Hangzhou Internet Court. This is also the first lawsuit in the field of electronic commerce in which the entire process of the on-chain deposit certificate is filed.
The defendant rented a mobile phone from the plaintiff through the e-commerce platform operating electronic product leasing, and the two parties signed the "User Lease and Service Agreement". The automatic information system used by the plaintiff was connected to the judicial block chain of the Hangzhou Internet Court. After the dispute occurred, the judge conducted a trial and sentenced according to the evidence provided by the plaintiff.
The traditional contract is negotiated and signed by the buyer and the seller. Its performance depends on the personal credit of the parties. If one party breaches the contract, the other party needs to spend a lot of time and energy to defend its rights. With the development of the Internet, the virtual nature of e-commerce cases has increased the risks and trust costs of transactions. According to the Hangzhou Internet Court's investigation and statistics on e-commerce disputes, e-commerce disputes are characterized by a large number of cases, a small amount of lawsuits, scattered geographical areas of the parties, and a low rate of defendants in court. The smart contracts built on the blockchain chain the entire transaction process, leaving credible evidence for rapid dispute resolution in the future.
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The blockchain smart contract judicial application system creates a closed loop of the entire process of “voluntary signing-automatic fulfillment-fulfillment cannot be intelligently filed-intelligent trial-intelligent execution" on the basis of solving the credible flow of electronic data for both parties. , Courts and other participants in commercial activities have established an efficient mechanism of mutual trust and cooperation. The parties' offers, commitments, signings, performances, breach of contract, reminders, etc. are recorded on the judicial blockchain in real time through the smart contract system, which enables automatic certification and execution of the entire transaction link process. Once a party's breach of contract reaches the standard preset by the procedure, the smart contract system automatically transfers to the judicial process of dispute resolution.
Huang Xin, a judge of the Hangzhou Internet Court, said: "At present, the blockchain smart contract judicial application system is initially applied to some batches of cases. The nodes of the overall case can be completed online and leave traces. This type is more suitable for intelligent use. Contract technology, like the above case, is a lease contract, including a sales contract and a loan contract, which can be used. "
Judicature, as the last step in dispute resolution, can be resolved efficiently through intelligent case filing, intelligent trial, and intelligent execution of dispute resolution. The intelligent case filing system will check the electronic contract, code content, and contract execution progress, etc., and enter the judicial process if the case registration conditions are met. The intelligent trial system automatically extracts the risk control points of the case and assists in generating a judgment document containing the main body of the judgment. The intelligent execution system cooperates with relevant agencies to conduct online investigation and control on the property of the executed person's house, vehicles, securities, etc., and the dishonest person will be automatically included in the credit disciplinary list. According to Zhang Mingyang of the Hangzhou Internet Court Information Center: "At present, smart enforcement has not yet reached the enforcement stage, and smart case filing and smart trials are already running."
The process of applying smart contract execution will also be a process of asset digital collaboration, more trusted nodes participating in construction, and further improvement of relevant rules and regulations. On the one hand, a multi-party data sharing mechanism is established to realize business interconnection and data communication; on the other hand, a security assessment mechanism is established to jointly conduct a security audit on smart contracts to identify whether there are risks such as writing errors, privacy leaks, and contract failures. At present, the judicial blockchain has 27 underlying nodes including administrative agencies, judicial agencies, and notary agencies.