Recently, Yantai City, Shandong Province issued documents to promote the construction of digital government, pointing out the need to build a "judicial administration + blockchain" and other services and platforms, and comprehensively create Yantai legal services "Taobao." In fact, the value of “blockchain+judicial” is gradually becoming more prominent, and related applications are moving further.
At present, electronic data storage is gradually recognized by the judicial system as an important application area of blockchain technology. The reporter learned that at least seven provincial and municipal courts across the country have applied blockchain technology in judicial deposits, including not only Internet courts, but also local traditional courts.
Three internet courts
Explore "blockchain + deposit certificate"
With the rapid advancement of informatization, a large amount of evidence in litigation is presented in the form of electronic data deposit. The specific forms of electronic evidence in judicial practice are increasingly diversified, and the frequency of use and the amount of data stored in electronic data are significantly increasing. However, electronic evidence still has pain points in judicial practice, including depositation, evidence collection, demonstration, evidence burden and evidence identification.
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- Blockchain judicial deposits are becoming more and more popular, and traditional Internet companies are entering the market.
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- Comment: What will happen to the judiciary when it meets with the blockchain?
- Babbitt Column | What does the White Paper on the Application of Blockchain Judicial Deposits tell us?
The emergence of blockchain technology has solved many pain points in electronic evidence. The Trusted Blockchain Promotion Plan stated in the White Paper on the Application of Judicial Deposits in Blockchain that blockchain technology provides a structured collection process for electronic data deposits, and is not tamperable and non-repudiable by means of blockchain technology. The characteristics make the identification process of electronic data very simple, solve the pain points that electronic evidence is easy to lose and difficult to identify in judicial time, and accelerate the speed of evidence identification of electronic evidence.
Since last year, the legal effect of blockchain electronic evidence is gradually being recognized by the judicial system, and the national Internet court is at the forefront of technological innovation.
In July 2018, the Hangzhou Internet Court approved the legal effect of blockchain electronic deposit in a judgment on copyright disputes. This is considered to be the legal effect of the first confirmation of blockchain deposits in the judicial field in China. Subsequently, the Hangzhou Internet Court launched the judicial blockchain, becoming the first court in the country to apply blockchain technology. It is understood that the judicial chain has collected 390 million pieces of electronic data, and the relevant cases have a withdrawal rate of over 96%.
The Beijing Internet Court also launched the electronic balance platform “balance chain” based on blockchain technology. It is reported that there are 58 cases involving evidence of “balance chain” in the Beijing Internet Court. Due to the application of blockchain technology, the electronic evidence disputes of related cases are very small, and more than 40 pieces have been successfully conciled or withdrawn. In addition, the Guangzhou Internet Court also launched the "Netcom Law Chain" for the electronic evidence depositing platform. Relevant reports show that on March 30, 2019, the online operation of the "Netcom Law Chain" has more than 5.45 million electronic data.
In addition to the three Internet courts, the reporter found that at least four local courts including Shandong, Jilin, Zhengzhou, Chengdu, etc. applied blockchain technology in judicial deposits, and the results were quite numerous. For example, the Electronic Evidence Platform of the Higher People's Court of Jilin Province, the Electronic Evidence Platform of the Higher People's Court of Shandong Province, the Electronic Evidence Platform of the Zhengzhou Intermediate People's Court, and the Electronic Evidence Platform of the People's Court of Chengdu Yudu District.
Up to now, blockchain technology has been recognized by the Supreme People's Court as an electronic means of deposit. At the beginning of September 2018, the Supreme People's Court issued the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Internet Court Cases", in which Article 11 stipulates that "electronic data submitted by the parties shall be electronically signed, trusted time stamps, and hash values. If the technical means of collecting, fixing, and preventing tampering, such as inspection and blockchain, or through electronic evidence collection and certification platform certification, can prove its authenticity, the Internet court should confirm." This is considered to be the first time in China to legally confirm the electronic deposit method of blockchain technology in the form of judicial interpretation.
However, in the field of judicial deposits, the blockchain is also facing many practical problems.
From the technology itself, the legitimacy of blockchain smart contract technology remains to be demonstrated. Wang Maolu, chairman of the consensus number letter, told the Securities Daily reporter that the essence of smart contracts is to use the programming language to redefine the automatic execution of contract terms. When the conditions that match are triggered, the transaction and other redemption actions are automatically made. "China's laws and regulations currently lack the validity of the form of coding for intelligent contract procedures, and the legitimacy of its automatic execution results remains to be demonstrated."
The poor connection between legal affairs and technology constitutes another major problem in the blockchain. The Trusted Blockchain Promotion Plan believes that the matching of blockchain technology and judicial deposits for legal compliance is a challenge for the blockchain judicial deposit system, and the technical level and business level of the participants are higher. The requirements require more complex talents who are familiar with the judicial business and understand the blockchain technology.
Source: Securities Daily
Author: Xing Meng