On June 14th, guided by the Information Center of the Supreme People's Court, the China Information and Communication Research Institute and the Shanghai Higher People's Court took the lead in coordinating the "blockchain justice" jointly initiated by 25 provincial and municipal high-level people's courts and 3 Internet courts. The White Paper on Deposit Application is officially released.
The white paper introduces the characteristics and system design principles of blockchain electronic data deposits in a shallow and deep way. Starting from the development status of electronic data deposit certificate, it explains the relationship between blockchain electronic data deposit and evidence identification, and points out the combination point and significance of blockchain and electronic data deposit, and it is the blockchain The overall design and key technologies of the certification system were presented and summarized.
The full-text framework includes the background of electronic data deposit, the electronic data storage based on blockchain, the improvement of electronic identification efficiency of blockchain deposit, the reference architecture of blockchain deposit certificate system, and the application scenarios of blockchain electronic data deposit. Seven parts of the challenges and conclusions of the blockchain judicial deposit.
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At the white paper conference, Wei Kai, deputy director of the Institute of Cloud Computing and Big Data of China's ICT, and the Secretary-General of the Trusted Blockchain Promotion Program, Wei Kai interpreted the white paper. Let's briefly understand the overall framework and main contents of the white paper. .
I. Current status of electronic data storage in blockchain
With the rapid development of the digital economy, the judicial certification system is gradually entering the era of electronic evidence from the era of material evidence. The electronic evidence mainly presents four trends: a large number, a large increase, a high proportion, and a wide variety.
Reviewing the development of China's electronic data laws and regulations, in 2011, relevant documents were concerned about electronic data forensics. The legal statutes of electronic evidence as independent evidence were clarified in the three major procedural laws revised in 2012 and 2014. In 2018, the Supreme People's Court issued the "Regulations on Several Issues Concerning Internet Courts", stating that blockchains can be used to solve the problem of depositing electronic evidence, and support for the use of new technologies to solve the pain points in the judicial industry.
Although the electronic data deposit has become popular, the use of electronic evidence still faces great challenges in judicial practice. It focuses on five aspects: First, the centralized way of depositing evidence is insufficient to prevent tampering, and it is difficult to tell whether the evidence has been tampered with. Second, in the case of evidence collection, if the original evidence and equipment are separated, the effectiveness of the evidence will be greatly lost. Third, in the demonstration, it is often difficult to pass the electronic channel, usually need to be printed and converted into a documentary certificate, which may not only lose part of the content. The cost is also high; the fourth is that when the evidence is issued, it is easy for the evidence of the two parties to differ, and it is difficult to determine whether it is wrong or not. Therefore, the court's determination of the "three sexes" of electronic evidence becomes very difficult.
Second, the relationship between blockchain electronic data deposit and evidence identification
Blockchain technology can solve some of the problems in the whole process of electronic evidence. The role of the blockchain can be summarized as four points: preventing tampering, leaving marks in the matter, ex post auditing, and security protection to enhance the credibility and authenticity of electronic evidence.
How to combine it? Blockchain is not a single technology, it is an organic combination of technologies. We divide it into two categories. One is the core technology of blockchain. It relies on consensus mechanism, signature verification, chain storage structure, P2P communication, etc. The blockchain reflects the characteristics of difficult to tamper, traceability and multi-party maintenance. Provides a very solid foundation for data storage.
In addition, in order to improve the availability of the system and dock the judicial business scenario, the blockchain can combine many related technologies, including electronic identity authentication, time stamp service, data encryption and decryption, data storage, and execution of smart contracts.
The white paper also analyzes what role the blockchain can play in different aspects of electronic evidence. The first is in the depository link, the blockchain can provide a standardized data storage format, the protection of the original data, secure storage, and traceability to improve the credibility of the evidence; second, in the forensic link, the blockchain brings justice The value lies in the data being shared by the participating nodes, independent storage, mutual backup, used to assist the authenticity of electronic evidence; third, in the demonstration, smart contracts, blockchain browsers can be used; In the cross-examination section, the blockchain can be cured and evidence-based and traceable. The whole process can be traced back.
All in all, the blockchain deposit certificate can provide a reference for judging the "three sexes" of electronic evidence in some scenarios, and improve the efficiency of evidence identification. In other words, is the evidence that the original record has not been tampered with? How strong is the correlation between the evidence and the litigation incident? Is the subject, process, and method legal when collecting electronic evidence?
Third, design principles and reference architecture
With a good idea and direction, the next step is how to design such a system to make it a trusted machine. The white paper concludes that this system should meet several elements: legal compliance, data consistency, convenience, and security.
Legal compliance is defined in terms of the collection of electronic data, the legal compliance of the identity of the issuing party, the legal compliance of the identity of the acquiring party, and the legal compliance of the subject of the deposit. In the process of actual operation, the system should manage and control the identity of the blockchain node, and carry out standardization and institutionalization forensics.
The strong consistency of the data refers to the consistency of the uplink data stored by each node in the blockchain system, thereby achieving the purpose of data sharing and sharing.
Convenience is another big demand for users. The problem in judicial practice is that if the cost of deployment is too high, it violates the original intention of assisting judicial informationization with the most economical means. At the same time, the open interface, convenient operation, and visual presentation are convenient for business people to use such a system.
Finally, security is the basis for whether the judicial depository system can be put into use, mainly including the security of the system and the security of the data.
The reference architecture for the blockchain certificate system is given in the white paper, as shown in the figure:
Fourth, the application and challenge of blockchain judicial deposit
In the application scenario section, the white paper is presented in three parts, including court industry applications, judicial collaborative applications, and social depository applications.
We can look at a few application cases that are actually relevant to ordinary people:
1) Litigation services
Many of our behaviors now occur on the Internet, and may involve social organizations such as insurance, banking, securities, and e-commerce. These organizations use the blockchain to secure data on the chain. When disputes arise, they can be built based on The blockchain's involved litigation units, courts, appraisal agencies and other integrated dispute handling platforms enhance litigation service efficiency and judicial credibility.
At present, the Beijing Internet Court, the Hangzhou Internet Court, and the Guangzhou Internet Court have all launched online judicial chain platforms based on blockchain, and the first case of electronic evidence of blockchain has been born. Babbitt has previously reported in detail. .
2) Copyright scene
Copyright deposit is a well-known blockchain application scenario. The infringement depository scenario can be divided into two categories. The first category is the forensic status of the infringement result. At this time, the infringing webpage can be verified, and the time of the infringement can be traced back. The second category is the evidence collection of the infringement process, which is a dynamic evidence-curing process.
Although the blockchain has achieved initial success in the administration of justice, it still faces some challenges. On the one hand, the authentication methods and specifications of electronic evidence have yet to be improved. In the face of special scenarios, technical optimization and packaging are also needed. On the other hand, the public's understanding of blockchain technology is not deep, and there is a lack of compound talents who understand both the judicial and the blockchain.