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Blockchain webpage,Why does the online litigation rules of the people's court give the validity of the presumption of authenticity of blockchain deposit certificates?

Time : 22/02/2022 Author : a541jy Click : + -
        On May 18, 2021, the online litigation rules of the people's Court (hereinafter referred to as the "rules") were reviewed and adopted at the 1838th meeting of the judicial committee of the Supreme People's court, and have been implemented on August 1, 2021. Article 16 of the rules makes it clear that "if the electronic data submitted by the parties as evidence is stored through blockchain technology and is consistent after technical verification, the people's court may determine that the electronic data has not been tampered with after being linked, unless there is evidence to the contrary that is sufficient to overturn". Nowadays, the digitalization of production and life behavior has been very high, so the electronic data generated in the digital environment becomes the case that evidence needs to be submitted in litigation more and more frequently.
 
        Since the case of the first blockchain deposit case in China in 2018, in which the whole network is the technical supporter, has won, in line with the trend of the country to vigorously develop blockchain, the country has ushered in a blockchain policy boom, and the central and local governments have promulgated blockchain related policies. The presumption of the authenticity of the electronic data after being linked in the rules greatly reduces the burden of proof of the parties who need to submit electronic data. At the same time, it can help the trial organization improve the trial efficiency and reduce the difficulty of evidence review. However, why does the rules only give the authenticity presumption effect to the data stored in the blockchain? This article will explain the blockchain and explain the rationality of this provision of the rules from a technical point of view.
 
        Database is relatively easy to understand, which is a system that provides a combination of software and hardware for data storage, query and use. The system that uses SQLSEVER and other professional database management software to manage complex data is a database, but simple notes, account books or an excel table file can also be regarded as a database. What is distributed? Distribution is the opposite of centralization, also known as decentralization. In a distributed system, after receiving information such as data writing, deletion and modification, one node not only needs to record the data by itself, but also needs to broadcast in the system immediately, so that other nodes can receive the same information and record and execute the information by themselves, so as to realize multi-point backup to avoid data deletion and modification without permission.
 
        Because of this, if a database system has only one central server or node, it cannot be called a blockchain. In the past, data was stored in some single central server. Therefore, in theory, the administrator of the database has the possibility to modify the data. For example, if you have used payment software such as Alipay, have you ever been confused? Can anyone directly modify their Alipay balance, so that many zeros can be added to their balance out of thin air, and help them realize wealth freedom in one second? It must be feasible in theory, because the value of balance is the embodiment of some values in the system. Since it is a value, it cannot be completely avoided from being modified.
 
        Of course, in actual production and life, Alipay and other enterprises will try their best to avoid such sensitive data from being modified through various rules and regulations, technical specifications, authority management and other means in order to carry out their business stably for a long time or meet regulatory requirements. However, the reason why such data is not modified or the probability of being modified is relatively low is that these enterprises' value orientation rather than technical restrictions. Who can really ensure that the value orientation of enterprises will never change? Or will someone not agree with this value orientation and modify the data privately? In addition, the data deposited in government agencies, notary offices, archives and other institutions is also considered to have a very low risk of being tampered with, and has the effect of presumption of authenticity in the administration of justice. However, the fact that such data is not modified depends on the credit endorsement brought by the responsibilities of these institutions, which is also a credible mechanism maintained by values.
 
        In a centralized database, such data modification may be traceless, that is, whether there has been a private modification is unknown to the public, which will cause a gap of trust. In the distributed system, because the data is backed up in all nodes, it becomes much more difficult for a single party to modify the data privately. Taking bitcoin as an example, the mechanism of each uplink on this blockchain is that there needs to be logical correlation between the uplink data, that is, the uplink data needs to contain not only the actual recorded data itself, but also a part of the previous and subsequent data information for logical verification. This mechanism makes the data stored on bitcoin into a tight and orderly arrangement, and it is impossible to add or delete data in a broken order, which means that once the data block is chained, it has been stable, and information such as the chaining time can no longer be modified.
 
        Under this mechanism, data blocks are like necklaces that are linked and orderly arranged. This is also the origin of blockchain name. The data increase verification mechanism of bitcoin blockchain is relatively simple. At present, some blockchains, including Ethereum, support more complex conditional verification of uplink information in addition to logical verification. Only data that meets both logical verification and conditional verification can be uploaded. This kind of conditional verification is called smart contract, which makes blockchain more possible to build business models. For example, most concepts related to NFT, which is popular recently, are realized through smart contract.
 
        However, smart contracts are of little significance to the deposit of evidence, so we won't start. As a database, blockchain has leapfrog advantages over existing databases in terms of data stability and tamperability, but its own problems as a database are also prominent, that is, the data storage capacity is relatively limited. In fact, in the early days of the bitcoin network, in order to improve efficiency and control spam, the maximum data storage capacity of a single block was limited to 1MB. This 1MB also needs to store the logical information of the front and rear blocks, so the space left for data storage will be smaller. Such a small space obviously cannot meet the fixed storage needs of a large amount of data and information generated in the process of daily production and life.
 
        Therefore, for most of the data, people give up the option of chaining all the original data, and choose to calculate the eigenvalues of the original data through cryptographic methods and chain them. Cryptographic method mainly refers to the calculation method of obtaining an eigenvalue from the original electronic document after a series of calculations. This calculation method has the following characteristics:. 1) If the original file changes slightly, the calculated value will be completely irrelevant. For example, for a document with 100000 words, whether only one word is modified or only a carriage return is added, the calculated value of the document will be greatly changed, which has no relationship with the file before modification.
 
        3) The original data cannot be deduced from the characteristic value. In other words, the algorithm of calculating eigenvalues is irreversible, because the calculation process makes a digital file with unlimited format, file size and content be calculated as a string of characters that have lost a lot of information, so it is impossible to reverse perfect these missing information and restore the original data. Due to the above characteristics of cryptographic methods, if the cryptographic characteristic values of the document are chained, it can be guaranteed that the document holder will not tamper with the original document. Once tampered, the cryptographic characteristic value of the original document will change, and the holder will not be able to prove the uplink time and original content of the document through the uplink information before tampering.
 
        At present, the general method used to calculate cryptographic eigenvalues is mainly Sha family algorithm. However, due to the security risks of SHA-1, SHA-256 algorithm is now the mainstream, and the calculated data result is usually called hash value (hash). In addition, the State Encryption administration has also identified a series of domestic cryptographic algorithms, referred to as state secret algorithms for short, mainly including SM1, SM2, SM3 and SM4. The security chain of the security network supports the state secret algorithm to obtain the uplink and verification of cryptographic eigenvalues. For the deposit certificate demander, it calculates the hash value of the file and then links it through the blockchain node. The data after the blockchain is linked. Because the blockchain's uplink storage mechanism can ensure that it is closely related to the data before and after the blockchain, and it is synchronized to other nodes in the blockchain at the first time, it is impossible to take out this uplink information for editing and processing alone.
 
        As for the file itself, the certificate storage demander will also keep it carefully to prevent any modification of the local file from causing the hash value to change. Usually, the file may be saved by using multi-media backup and other methods. Some professional blockchain deposit products also provide cloud storage functions. For example, in addition to the function of confirming the right of deposit, the blockchain deposit products of security network have the function of online storage. Security network will encrypt the work information to generate the hash value of deposit file, and based on blockchain and electronic signature technology, the hash value of deposit file, the identity information of uploader The upload time is recorded in the judicial alliance chain of security network - security chain together, and the certificate of deposit, evidence package, evidence sharing link and other auxiliary stakeholders are provided to store works, submit evidence, and verify evidence.
 
        According to the deposit process, in the process of judgment, the judges only need to compare the hash value of the preservation network evidence package provided by the depositor with the uplink information, and then they can basically judge that the data file provided by the depositor has not changed since the time node of the whole online chain. This is the technical principle on which the authenticity of the linked electronic data is presumed in the regulations. However, as a distributed database, blockchain also has the possibility of data tampering by multi-party nodes. Therefore, the rules do not comprehensively identify the evidence of blockchain deposit. Article 17 of the rules stipulates:. Article 17 If a party raises an objection to the authenticity of the electronic data stored in the blockchain technology after it is uploaded, and has reasonable reasons, the people's court shall make a judgment in combination with the following factors:.
 
        (4) Whether the technology and process of certificate storage meet the requirements of relevant national standards or industrial standards on system environment, technical security, encryption method, data transmission, information verification, etc. In addition to the evaluation criteria provided in the above provisions, we also provide a reference dimension for evaluating the reliability of blockchain based on the technical characteristics of blockchain itself, so as to help the majority of judges judge the authenticity of data after being online more quickly:. Due to the distributed storage characteristics of blockchain, the possibility of data tampering after the combination of nodes (more than 50%) in a blockchain with fewer nodes cannot be completely exempted. Therefore, if a blockchain belongs to an alliance chain with fewer nodes, it needs to comprehensively evaluate the number and quality of its nodes.
 
        If most of its nodes are notarial offices, judicial organs, administrative organs and other subjects with high credibility, the possibility of joint tampering with data will be further reduced. For example, the electronic data evidence of security network is directly connected to the electronic evidence platform of Hangzhou Internet court and Guangzhou Internet court, which can be directly accepted by mutual law; The server of the security network is hosted in Zhejiang qianmai judicial authentication center, which is supervised by the authentication center and regularly inspected for cleanliness; Baobao.com has reached a strategic cooperation with Hangzhou Internet notary office to issue a notarial certificate through the fixed electronic evidence of baobao.com; The litigation preservation blockchain system based on the security network has successfully passed the evaluation of the Supreme Court.
 
        The judicial endorsement of the security network makes the possibility of its online evidence being tampered with close to zero. Using the tamper proof characteristics of blockchain for electronic data depository service is only one of the scenarios for industrial application by giving full play to the characteristics of blockchain. Blockchain enterprises with high technology R & D capabilities will explore more blockchain industrial applications. For example, Shuqin technology, a leading blockchain technology enterprise in China, has applied blockchain to government digital reform, justice, finance, agriculture, carbon neutralization, medical treatment and other scenarios. Its first blockchain application product preservation network provides product functions including blockchain certificate storage, web page certificate collection, process certificate collection, e-commerce certificate collection, commodity purchase notarization and so on, which widely meets the needs of finance, science and technology, education, publishing The data preservation needs of judicial recognition in e-commerce and other fields help a large number of parties obtain credible and effective electronic data evidence, and effectively safeguard their rights and interests in the litigation stage. So far, there have been more than 1000 judicial precedents.
 
        If blockchain enterprises can use blockchain technology in other industries and achieve a large industrial scale, it can also prove the stability and reliability of their blockchain itself.
 
        
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