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Expo World | Yang Dong, Xu Xinyu: blockchain and court work innovation - building a judicial credit system for data sharing

Time : 28/10/2021 Author : ygmj86 Click : + -
        ◆ this paper is the phased research results of the scientific research fund of Renmin University of China project "common votes and public data opening" (Project No.: 19xnq043). As the "raw material" for the development of auxiliary technologies such as speech recognition, blockchain certificate storage and artificial intelligence in judicial trials, data is also the core element of the construction of the whole process online trial mechanism. The characteristics of blockchain technology, such as disintermediation, distribution and tamper resistance, provide a new choice for the utilization mode and value embodiment of data, especially the wide application of blockchain deposit certificate, which fundamentally separates data from the "formal bondage" of paper text and the "effectiveness dependency" of third-party intermediaries, and lays a solid foundation for reconstructing the trust model in the era of digital economy.
        The smooth flow of data is the proper meaning of moving towards the credit judicial system, but due to the large institutional cost of data flow and insufficient incentives, there is a phenomenon of "data stagnation", which requires blockchain technology and "common ticket" mechanism to build an equal platform and effective incentive mechanism between judicial institutions, and to build a judicial credit system in the era of digital economy. When presiding over the 18th collective learning of the Political Bureau of the CPC Central Committee, General Secretary Xi pointed out that we should seize the opportunity of blockchain technology integration, function expansion and industrial segmentation, and give full play to the role of blockchain in promoting data sharing, optimizing business processes, reducing operating costs, improving collaboration efficiency, and building a trusted system.
        This speech clarified the status of blockchain technology in China's technological development and industrial transformation, and also pointed out the direction for national governance and judicial work to deal with new opportunities and challenges in the digital economy era. Under the general trend of the digital economy era, innovative applications such as digital currency, blockchain deposit certificate, traceability of agricultural products, identity authentication, passport handling, time bank, government management, file verification, etc. have emerged, as well as problems such as pyramid selling fraud by using blockchain and digital currency, and financial crimes by using the characteristics of blockchain distribution and cross-border. The rapid arrival of the digital economy era has not left much time for judicial response. The sharp increase in the number of new cases, the complexity of electronic evidence forms and the increasing difficulty of implementation are the urgent needs that the judiciary must face directly.
        The Internet has brought unprecedented convenience, and people's economic exchanges are more frequent. In the era of digital economy, they will face the realistic pressure of a sharp increase in new cases. While solving the new problems brought by blockchain, courts at all levels are also actively exploring the innovative application of blockchain technology in judicial digitalization. Many courts across the country have chosen blockchain technology as one of the underlying technologies for their digital business development. As of June 2019, there have been "judicial blockchain" and "blockchain smart contract judicial application" mainly launched by Hangzhou Internet court, the "balance chain" created by Beijing Internet court, and the "Netcom legal chain" smart credit ecosystem launched by Guangzhou Internet court, including judicial blockchain, trusted electronic evidence platform, judicial credit co governance platform "one chain two platforms"; In addition, the blockchain electronic evidence platform has been launched in the high court, intermediate court and grass-roots court of Jilin, Shandong, Tianjin, Henan, Sichuan and other 12 provinces (cities).
        [1] This marks that the whistle of exploring the application of blockchain in justice has sounded, and the emerging technology represented by blockchain is expected to become the underlying technology of judicial reform in the future. This can't help but make us think about how blockchain technology should solve the endless judicial problems in the context of the digital economy era? How to deal with various digital challenges in judicial trial? What is more urgent is how to embed the blockchain technology with finance as the main application scenario and famous for bitcoin into the digital operation of justice in China?. The decision of the CPC Central Committee on several major issues concerning upholding and improving the socialist system with Chinese characteristics and promoting the modernization of the national governance system and governance capacity adopted at the Fourth Plenary Session of the 19th CPC Central Committee pointed out: "On the basis of distribution according to work as the main body, allow and encourage capital, land, knowledge, technology, management, data and other production factors to participate in the distribution according to their contributions, constantly improve the redistribution adjustment mechanism, and promote the rational and orderly social distribution.
        ”This is the first time that the central government has publicly proposed that data can be used as production factors to participate in the distribution according to their contributions. With the help of data, new models and formats such as sharing economy and platform economy are emerging in all aspects such as clothing, food, housing and transportation, and human activities are infinitely extended in the interweaving of reality and virtual. [2] While the data reflecting personal personality expression and speech reflect personal psychology and emotion to a certain extent, [3] therefore, personal browsing records, transaction records and other data are widely collected by enterprises to form data portraits for precision marketing. [4] The accumulation of data enables the algorithm to draw up "data people". Furthermore, data in real life is formed by the interaction of various behaviors of the government, enterprises, individuals and other subjects. [5] therefore, data can not only faithfully simulate "human beings", but also reflect other more complex natural and social conditions, and even predict the future to a certain extent.
        It can be said that we are moving towards a highly digital "data earth". Data is the "driving material" emerging in this round of technology clusters, and plays a role of "raw material" in the development of blockchain, cloud computing, artificial intelligence, Internet of things, 5g and other technologies. From the perspective of production factor theory, there will be dominant production factors in every stage of economic development, which represent the characteristics of a certain stage of economic development and can become the main material basis and power source of economic growth and development. [6] Unlike the relative scarcity of oil in the industrial age, data in the digital age, as a new factor of production, is reproducible and easy to proliferate, and its value continues to increase with human secondary use, interaction and other behaviors; More importantly, the non exclusivity of data makes data sharing possible.
        [7]。 Data is also the "raw material" for the development of auxiliary technologies in judicial trials. At present, speech recognition, blockchain certificate storage, artificial intelligence and other technologies are embedded in various processes of judicial trial to varying degrees, but these technologies will be useless without data supply. For example, the solution to the problems existing in the current intelligent justice, such as the limitation of judicial elements under probability modeling, the value bias of adjudication algorithm, and the black box of adjudication algorithm, [8] all rely on a large amount of data supply. Only by continuously inputting data into the algorithm model, can the artificial intelligence algorithm continue to evolve itself, more in line with human social behavior norms, and more "intelligent" in judicial trials.
        The misallocation of judicial human resources requires data filling. The heavy transactional work in the judicial trial has been criticized for a long time, and the phenomenon of numerous cases goes hand in hand with the judicial work. [9] the fundamental reason lies in the high cost of judicial document transmission, the complexity of evidence verification and review, and the difficulty of judicial execution. A large number of judicial resources have to be invested in trivial procedural matters, including filling in subpoenas, evidence identification, drafting documents, serving documents, archiving and so on. [10] One of the most typical is the service of legal documents. Due to the vast territory of our country and the large scale of population mobility, this has increased the pressure on the service of documents by the court. The essence of the transmission of judicial documents is information transmission. If data can be reached in multiple ways in the administration of justice, it is enough to fill the dilemma of traditional human resources mismatch.
        At present, the essence of all kinds of blockchain judicial innovation is to promote the functional filling of data in justice. Currently, there are two kinds of blockchain judicial innovation. One is represented by Beijing Internet court, Hangzhou Internet court and Guangzhou Internet court, which ensure the authenticity of all kinds of electronic data through blockchain technology; The other is represented by the "mobile micro court" of Ningbo intermediate people's court, which transfers offline litigation to online, so that judicial activities such as trials can break through the obstacles of space with the help of existing communication technology. For example, the "Netcom legal chain" launched by Guangzhou Internet court relies on the smart judicial government cloud and Baidu super chain, and combines the multi-agent data callers of "court + procuratorate + arbitration + Notarization", Gather "operators + financial institutions + enterprises" cross domain data providers to provide multi-party, safe, controllable, neutral, reliable and load balanced blockchain technical support for the smart credit ecosystem; "Mobile micro court" uses blockchain technology to verify the standard signature online and confirm the identity of the parties.
        The above courts have actively applied new technologies, including blockchain, in judicial innovation to ensure the authenticity and accessibility of data, partially complete the optimization of judicial procedures, and realize the functional replacement of data in justice. Institutions and platforms are important subjects carrying data, and they are also the key to determine the mode of data flow. The expressions of "e-commerce platform operator" and "e-commerce operator" in the e-commerce law emphasize the important position of the platform in e-commerce. Data storage has considerable capital, technology and policy thresholds. Only enterprises with a certain scale and related industry support can be used as database builders and managers.
        [11] The threshold of data subject also determines that the relationship and operation process of institutions and platforms must be considered in the process of promoting data flow. According to the relationship between data carriers, data flow can be divided into vertical flow and horizontal flow. Because the vertical data flow often occurs between institutions with subordinate relationships, the data flow is relatively smooth. For example, the Supreme People's court has successively established judicial disclosure systems such as China trial process information disclosure network, China judicial documents network, China court trial disclosure network and China execution information disclosure network. The construction of "mobile micro court" litigation platform and professional courts represented by Internet courts is a beneficial exploration of building a full process online trial mechanism, and effectively solves the problem of vertical data flow in the court system.
        Horizontal data flow often occurs between institutions or platforms that are not affiliated to each other, and "full band blocking" often occurs. [12] Full band blocking refers to an extreme electrical signal band interference used in war situations. Usually, battlefield communication is encrypted by algorithm, and then blocked by frequency division. The case of full band blocking is generally a case in which the suppressed party puts all his eggs in one basket and forcibly interferes with all communication bands, so that the communication between the warring parties in the whole battlefield is completely interrupted. From the subjective point of view, because all kinds of data contain huge economic benefits, the external circulation of data may produce security risks, as well as administrative penalties and public relations crises caused by user information leakage.
        From an objective point of view, the database construction standards of different institutions are different, the collection and classification of data are different, and the lack of API (Application Programming Interface) or SDK (software toolkit) ports open to data makes the data flow objectively contain technical obstacles. The horizontal data flow between market institutions can also be achieved through market transactions, institutional mergers and crawler technology. There are also a series of systems in the current law that can adjust and protect the interests loaded by data, [13] such as the consumer centered financial data sharing mechanism &mdash& mdash; "Open bank" is to share financial data with third parties through opening the API or SDK port of financial institutions, so as to realize the data transfer of financial consumers.
        [14]。 The horizontal data flow between non market institutions is difficult due to the long-term absence of shared incentives. Non market institutions are often administrative or judicial institutions, and the lack of horizontal data flow is mainly due to the following reasons: first, for the sake of information security, they refuse to share, and the information leakage caused by data sharing often leads to the responsibility of relevant institutions; Second, the quality of data itself is uneven, and data sharing will expose the management problems of institutions on the database; The third and most fundamental reason is the lack of incentives. Data is stored in centralized databases of different institutions, and the data transmitted outward will become a "free contribution" to other databases.
        It is often difficult to achieve positive incentives for data sharing between non affiliated institutions by market means. The biggest incentive means for both judicial and administrative organs is administrative promotion. [15] As a result, data sharing is often a mere formality and stays in the state of "mobile governance" [16] so it is difficult to form a long-term mechanism for data flow. Serious illness needs powerful drugs, and the mismatch of judicial resources needs to fundamentally solve the construction of incentive mechanism behind "data stagnation". In the context of the weakness of the traditional path, it is more necessary to find another way to resolve the chronic disease of "data stagnation"; Choosing blockchain technology as the core driven approach to data governance may become another option to solve the problem of judicial data access.
        "Mobile micro court" and the construction of professional courts represented by Internet courts have made a beneficial exploration into the construction of a full process online trial mechanism, and effectively solved the problem of vertical circulation of judicial data from the perspective of data authenticity. No matter the blockchain deposit innovation represented by the three Internet courts or the litigation process innovation represented by the "mobile micro court", it is only to optimize the relevant evidence rules and judicial procedures in the limited field of civil law, based on the relatively simple relationship between the court and the parties, and there is no need to involve other judicial and administrative organs in the process. However, in the criminal and even administrative fields beyond this scope, there is a lack of specific scenario application, which still needs to be further explored.
        Blockchain can be divided into public chain, private chain and alliance chain according to its openness. The public chain has the characteristics of low participation threshold and large number of participants. As long as it has certain qualifications, it can join. It is widely used in digital currency and other fields, such as bitcoin (BTC) and Ethereum (ETH). Private chain is a blockchain used internally by a unit, which is not open to the outside world, so it has the advantage of high speed. Alliance chain is a blockchain between public chain and private chain, which is inclined to the category of private chain. Alliance chain has the following characteristics: 1. Incomplete distribution; 2. Strong controllability; 3 limited access to data; 4. Fast transaction speed.
        At present, most of the large multinational financial institutions that favor alliance chains are well-known. The R3 blockchain alliance and R3 blockchain alliance were established in September 2015. At present, more than 40 international banking organizations have joined, and the members are almost all over the world. It is mainly committed to providing banks with channels to explore blockchain technology and establish blockchain conceptual products. R3 uses Ethereum and Microsoft azure technologies to connect 11 banks to distributed ledgers. Hyperledger hyperledger is an open source project launched by the Linux foundation in 2015 to promote blockchain digital technology and transaction verification. Its members include more than a dozen different stakeholders, including ABNAMRO and Accenture. Its goal is to allow members to work together to build an open platform and simplify business processes.
        At present, Beijing Aiyi digital financial technology company, belink (a few shell wallet), bitse and onchain have joined. And Russian blockchain alliance. The Russian blockchain alliance, also known as "Russian version R3", was officially established on July 1st, 2016, and its members include payment companies qiwi and b& N bank, Khanty mansiyskotkritiebank, tinkoffbank, mdmbank in Moscow and Accenture.
        The alliance chain can technically achieve complete equality between nodes. Alliance chain is more similar to a distributed database technology. The difference between alliance chain and public chain is
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