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Blockchain overview,The impact of the application of blockchain technology on court execution

Time : 01/09/2021 Author : 6npglb Click : + -
        The concept of blockchain comes from the framework concept of e-cash system, which is a term in the field of information technology. Blockchain is essentially a database, and its principle is to use cryptography thinking to create a series of related data blocks through computer encryption algorithm. Each data block contains the functions of storing information, generating and verifying the next data block. Data blocks, that is, blocks are linked with the next block in a random hash manner to form a blockchain. (1) Decentralization. The operation of blockchain is closely related to the characteristics of decentralization, which is its most prominent essential feature and core value. Decentralization means that the organization of blockchain does not rely on the forced central control function. Each node interacts with each other through nonlinear causality. Each node has equality and jointly maintains the data content of the organization, so as to realize the recording, storage and updating of data.
        (2) Cannot be tampered with. Blockchain is tamper proof. Based on its distributed accounting method, a consensus mechanism is formed between each block on the "chain". If you want to modify the information in one block, you need to modify the information in other blocks on the chain. Only by mastering 51% of the blocks in the whole blockchain organization can you tamper with the information of the whole blockchain, which requires a lot of work and extremely high cost, In fact, this is almost impossible to achieve. Such a design concept makes blockchain technology very safe and reliable. (3) Open and transparent. The information content on the blockchain is open, transparent and traceable. It is open to everyone on the network. Anyone can query the information on the blockchain through public and public ports.
        At the same time, the information in each block on the blockchain is synchronized, and all information can be traced back to each other. The impact of blockchain technology on the court's execution is mainly reflected in its application scenarios, which mainly involve the applications of bitcoin, certificate security and data services. This paper will analyze the opportunities and challenges brought by the above application scenarios of blockchain technology to court execution. (1) Execution record. When handling enforcement cases, court executives should record the whole process in accordance with the law. The traditional recording method requires the use of enforcement recorders to record and form video and audio files. In essence, the application of blockchain technology in certificate storage is similar to the function of law enforcement recorder, but blockchain cloud forensics technology has the advantages of higher reliability, tamper proof, lower system use and maintenance costs, and higher accuracy of evidence documents.
        The implementation of case property investigation, fact sealing of real and movable property, data collection and on-site investigation before property disposal, and the handover of the subject matter after judicial auction all need to be recorded and filed. The application of blockchain technology automatically marks the time while recording data and generating files, making these data files difficult to be tampered with, and providing a strong guarantee for improving the judicial credibility of the court's implementation work at the technical level. (2) Identification of executive staff. At present, when court executors go to financial institutions and real estate registration authorities to request assistance in handling the businesses of sealing up, seizure and freezing, the units that assist the obligations not only need the execution staff to show their work permits, official certificates, letters of introduction and other identity documents, but also need to verify their identity with the court where they are located.
        A considerable part of the time for handling business is often wasted on verifying identity, which greatly reduces the efficiency of implementation. The identity recognition system based on blockchain technology provides a new choice to solve the above problems. Verifying the identity of the executive staff through face recognition, digital signature and other authentication methods not only simplifies the procedure, but also shortens the time. At the same time, the advantages of blockchain technology can ensure that there is no change in the process of verification and transmission of data, realizing real security and reliability. (3) Execute the reward announcement. In carrying out the practical work of implementing the reward announcement, local courts mainly face two difficulties: first, it is difficult to judge the timeliness of the reported clue information, that is, to identify the real and effective property clue information without repetition; Second, there are deficiencies in the whistleblower's confidentiality system, that is, there are no unified provisions on the reporting method and process, the retention, review and approval of reporting information, and the bonus payment process.
        The implementation reward announcement system established by applying blockchain technology, on the one hand, can make the information of the whole system open and transparent, ensuring the fairness and impartiality of this work. Blockchain timestamp technology also provides a new path for verifying the timeliness of reporting information; On the other hand, we can protect the identity information of the informer through the specific protocol of the system, and hide part of the identity information of the informer from other browsers except the reward system manager, which solves the worries of the informer. (4) Assist the information sharing services of volunteer units. Efficiency is one of the important aspects of evaluation and implementation. To solve the "difficult implementation", we need to speed up and increase efficiency. General Secretary Xi proposed to "explore the use of blockchain sharing mode to achieve cross departmental government data", which opened a new way to improve the efficiency of implementation.
        Blockchain technology is suitable for data services of multi-party collaborative information sharing. It establishes a unified information sharing channel for public security, real estate, taxation, civil affairs, market supervision and management, the people's Bank of China and other volunteer assistance units, connects the "private chain" of various departments to the "public chain" of information sharing, breaks the barriers of trust and concerns, and forms a tamper proof, traceable new data sharing system based on blockchain technology, This can significantly improve the execution efficiency. Digital currency has become the development trend of the Internet economy era. Bitcoin is the product of blockchain technology. As an enforceable property, it has brought new challenges to the enforcement work of the people's court. First, the nature of the property.
        The "notice on preventing bitcoin risks" jointly issued by the central bank and other five ministries and commissions clearly explains the attributes of bitcoin. From the nature, bitcoin is a specific virtual commodity and cannot be circulated as money in China's market. Since bitcoin cannot be directly used as currency, it should be regarded as a virtual property of citizens, which belongs to executable property. However, there are few cases of virtual property implementation at this stage, and there is no precedent for the disposal of bitcoin. For virtual property, there are not only the problems that the substantive law theory has not clarified its right attribute, but also the problems of how to implement it in the practice of procedural law. Second, property clue investigation.
        Due to its special nature, bitcoin can be stored in any physical or virtual data storage medium, such as mobile phones, mobile hard disks, trading platforms, etc. During the trading process, the holders of bitcoin operate anonymously through the network and are not regulated. At present, the court's inspection and control system cannot compare the number of special coins to carry out network inspection and control, nor can it determine the physical storage medium in which the property of the person subjected to execution is specifically stored, which makes the property investigation with special coins as the object more difficult, and can only rely on the property clues provided by the applicant for execution or the property clues voluntarily declared by the person subjected to execution. Third, the application of coercive measures.
        According to the above, if bitcoin is regarded as a citizen's virtual property, the people's court should seal up or freeze bitcoin according to law. Legally, the court took coercive measures to limit the right of the person subjected to execution to dispose of bitcoin. But in fact, the court cannot realize the actual control of bitcoin, and the person subjected to execution can still transfer and sell bitcoin. Even if it can be investigated for its legal responsibility for privately disposing of the Court seized property, it cannot achieve the initial purpose of helping the applicant for enforcement to realize the creditor's rights. Fourth, disposal and liquidation. When the people's court disposes of bitcoin and realizes it, it should first adopt the way of auction in principle. To determine the reference price of bitcoin auction, we need to go through the procedures of price negotiation, inquiry and evaluation.
        First of all, the price negotiation between the two sides is not achieved overnight, and the price of bitcoin in the international market will change during the trading time, which creates opportunity risk and is also the main reason that prevents the two sides from reaching an agreement on price negotiation. Secondly, if the two sides fail to negotiate the price, the Supreme Court has no clear regulations or relevant Guiding Opinions on which institution to inquire. Finally, the reference price can only be finally determined by evaluation. Under the influence of international market price fluctuations, the evaluation of bitcoin value is undoubtedly a new challenge to the evaluation agency. Blockchain technology and its application provide strong support for innovating court execution and achieving "smart execution" and "technology execution".
        However, the current development of blockchain technology application is not mature, and the degree of integration with court enforcement is far from enough. In order to truly realize the in-depth application of blockchain technology in court execution, we need to increase investment in both hardware and software, which cannot be achieved overnight. We should also recognize that while blockchain technology brings convenience to the court's implementation, it will inevitably bring challenges, and we need to be fully prepared.
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