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Judicial expertise channel, rule of Law Network

Time : 01/02/2022 Author : cfr0i3 Click : + -
        In recent years, as a new information technology, blockchain has attracted more and more attention. According to the definition of Wikipedia, blockchain is a distributed database technology. By maintaining the chain structure of data blocks, it can maintain the continuous growth and non tamperable data records. As early as 2008, Satoshi Nakamoto, the founder of bitcoin, described in detail how to create a decentralized electronic trading system in his article bitcoin: a peer-to-peer electronic advanced system. After more than ten years of development and improvement, the blockchain technology has become the representative of information technology in the new era and set off the second revolution of the Internet because of its characteristics such as decentralization, non tampering, full track, traceability, collective maintenance, openness and transparency.
        In 2019, Zhou Qiang, President of the Supreme People's court, stressed at the second plenary meeting of the Supreme People's court's network security and informatization leading group that it is necessary to strengthen the application of blockchain and artificial intelligence in the judicial field, highlight the key points of work, pay close attention to the implementation of tasks, comprehensively improve the construction level of smart courts, and promote the modernization of the judicial system and judicial capacity. The application of blockchain technology in the judicial field can not only improve the quality and efficiency of trials, promote the governance of litigation sources, optimize the allocation of dispute resolution resources, but also combine with the construction of the integrity system to strengthen the integrity construction. However, at the same time, we should also see that there are some problems in the application of blockchain technology in the judicial field, such as the authenticity and privacy protection of evidence collection using blockchain technology, and the legitimacy of the qualification of the evidence collection platform.
        Therefore, for the application of blockchain technology in the judicial field, we should not only see the advantages it can play, but also pay attention to the possible problems in advance, and put forward countermeasures to ensure the legal and compliant application. According to the author's understanding, the domestic companies providing blockchain technology are mainly concentrated in Beijing, Hangzhou and other places. The well-known ones include Beijing Zhongjing Tianping Technology Co., Ltd., Hangzhou Qulian Technology Co., Ltd., Zhejiang Shuqin Technology Co., Ltd., and Hangzhou Yanmei Technology Co., Ltd. All units of the national political and legal system are also vigorously exploring the application of blockchain technology and seeking cooperation with the above-mentioned technical service companies. Currently, the main application scenarios are electronic evidence access and copyright protection.
        On June 28, 2018, the Hangzhou Internet Court confirmed the legal effect of the electronic data stored in the blockchain technology for the first time in the judgment of a dispute over infringement of the right to network dissemination of works information. The plaintiff took advantage of the security network platform of Zhejiang Shuqin Technology Co., Ltd. to collect evidence on the alleged infringing webpage. The court supported the plaintiff to use the blockchain as the storage method, In the judgment, the technical details of the blockchain certificate and the judicial recognition scale were expounded, which set a precedent for using the blockchain to handle legal disputes. Subsequently, on September 7, 2018, the provisions of the Supreme People's Court on Several Issues concerning the trial of cases by Internet courts for the first time legally confirmed the electronic deposit of blockchain technology in the form of judicial interpretation.
        Hangzhou Internet court also launched the judicial blockchain platform of Hangzhou Internet Court on September 18, 2019 to solve the problems of electronic data storage and proof with blockchain storage technology. On December 22, 2018, the official launch date of the Beijing Internet court, the Beijing Internet court held a press conference on the application access technology management specifications of "Tianping chain", announcing that "Tianping chain" has completed 19 cross chain access blockchain nodes, and completed the data docking of 25 application nodes of 9 categories such as copyright and copyright. All the 10000 cases accepted by the court have been put on the chain, with more than 10 million electronic data on the chain, and the data volume of cross chain certificates has reached more than 100 million.
        On March 30, 2019, the smart ecological credit system of "Netcom legal chain" of Guangzhou Internet court was officially launched. Therefore, three Internet courts in China have successively built Internet blockchain certificate storage platforms and achieved good results. In Huzhou, Zhejiang Province, in August 2019, the Deqing County People's court, in conjunction with the county notary office and the big data Bureau, created a legal electronic deposit platform of "Qingyun deposit certificate" to empower and secure bankruptcy data. At present, 6 bankruptcy cases have been deposited on the platform. From the existing experience, the application of blockchain technology in the judicial field focuses on the electronic evidence storage, copyright protection and transaction, and provides an accurate and efficient basis for judicial decisions through the confirmation of evidence and rights.
        Blockchain technology should have a wide range of application scenarios in the field of judicial services, and it is also a very favorable tool to promote the construction of social integrity system. Especially at present, under the background that the court actively participates in the comprehensive social governance, the court should make full use of the blockchain technology to expand the service function of the judicial service platform and vigorously promote the governance of the source of litigation. The chain of evidence improves the quality and efficiency of litigation. In view of the difficulties in obtaining evidence, storing evidence and authentication in traditional judicial trials, especially in the field of confirming and obtaining evidence of electronic evidence such as articles, pictures, audio and video in intellectual property and network rights protection cases, we should accelerate the construction of the "blockchain + justice" mode, and make use of the advantages of blockchain technology in anti-counterfeiting and tampering, which can greatly improve the credibility and authenticity of evidence.
        Explore the features of blockchain encryption algorithm and consensus node, and through docking with the service system of the notary office and the judicial identification center, the judge can check and trace the authenticity of the real-time online judicial identification report and notarial certificate. In the process of screening and identifying the authenticity of evidence, judges can directly identify the evidence materials that have been verified by blockchain technology, which can reduce the difficulty of identifying evidence and improve the quality and efficiency of litigation. Civil subjects sign contracts on the chain. Promote the use of blockchain technology to run smart contracts, solve the problem of information asymmetry, and achieve cooperation and concerted action among multiple entities. Explore the wide use of smart contracts in the signing of labor contracts, loan contracts, sales contracts, lease contracts and other contracts, so as to facilitate multiple civil subjects to sign contracts across regions.
        In private lending, the use of identity authentication, electronic signature and blockchain technology can improve the efficiency of economic activities and the automatic performance rate of contracts to solve the problems of non-standard loan contracts, loopholes, ambiguity and authenticity of signatures. When there is a problem in the performance of the contract, the smart contract can be directly used as the judgment evidence to solve the problems of false litigation and evidence review and acceptance. Confirmation of digital copyright on the chain. In our country, the copyright is obtained after the creation of works, but the most important link of copyright is to determine who is the subject of copyright, and to protect the rights and interests of authors through registration, which is the significance of intellectual property protection. However, the third-party registration requires a certain period of time, which may not necessarily protect the rights and interests of authors.
        The use of blockchain technology can solve this problem well. When digital copyright is released, the time is fixed and the copyright is determined, thus protecting the rights and interests of copyright owners. Pre litigation dispute resolution and uplink. Explore the application of blockchain technology to network mediation, provide convenience for parties to solve disputes across regions or inconvenient to the scene, realize online synchronous mediation, break space constraints and save time and cost. Audio and video information in the whole process of mediation can be kept synchronously. Mediation agreements reached through pre litigation mediation can be directly linked, and identity authentication and electronic signature can be carried out, and online judicial confirmation can be made. Once the contents of the agreement cannot be performed upon expiration, the execution procedure can be directly entered.
        Perform exposure and credit inquiry. Aiming at the problems of single and inaccurate information, slow propagation speed and low update efficiency in the current implementation of the exposure mode, the blockchain technology is used to connect various alliance nodes, and the exposure information is uploaded and updated by multiple subjects to improve the propagation speed and accuracy of the exposure information. After dishonest enterprises and individuals fulfill relevant obligations, they can update and query credit information on the chain in a timely manner by using blockchain technology. By forming an online credit information sharing platform for financial and judicial institutions to conduct credit information inquiries on customers and parties, the accuracy and propagation speed of credit information can be ensured. As a subversive technology, blockchain technology is leading a new round of technological and industrial changes in the world (2018 white paper on China's blockchain industry). Although the application of blockchain technology in electronic evidence, copyright protection and other aspects is conducive to the verification of authenticity and integrity and the saving of litigation costs, this technology is not perfect. Specifically, there are the following problems in the judicial field:.
        Laws and regulations lag behind. With the rapid development of society and the continuous emergence of new things, the blockchain technology is currently in the stage of rapid development. However, laws and regulations often need to go through a long process from project initiation, formulation to release, which leads to the irrational popularization of the social cognition of this technology, and the identification and characterization of the legal level are still relatively vague, All kinds of rules and regulations regulating the process are in the stage of urgent need to be completed (white paper on the application of blockchain judicial deposit), which is also likely to cause a series of subsequent problems. The authenticity and privacy protection of the certificate. Electronic data has the characteristics of large volume, strong real-time, easy to tamper with, easy to lose, etc. Therefore, the authenticity and privacy protection of the certificate are easy to occur in the process of using the blockchain technology.
        Compared with the traditional deposit methods, such as notarization deposit, third-party deposit, local deposit, etc., in essence, one party controls the content of the deposit. The deposit method using blockchain technology removes the feature of centralization. Once the deposit is malicious, it will infringe on the legitimate rights and interests of the real obligee. In addition, in the case of decentralized certificate storage, once attacked, it is easy to cause the loss or tampering of the certificate data, and also easy to cause information leakage, which brings certain difficulties to the privacy protection of the obligee. Qualification of the forensics platform. The judicial judgment of the court is based on facts, and the identification of facts mainly depends on evidence. The evidence must not only be true, but also the means of obtaining must be legal. Some evidence must be provided by qualified institutions to be legal and effective, such as expert opinions, notarial documents, inspection reports, etc., which need to be issued by professional institutions or departments.
        So, does the platform for obtaining evidence through blockchain technology need to have relevant qualifications? Who should grant the qualification? (for example, with the approval of the Ministry of justice, Beijing Zhongjing Tianping Technology Co., Ltd. established the electronic material evidence judicial identification center.) at present, the companies that provide blockchain technology services are also mixed. After all, there is a certain technical threshold for the application of blockchain technology. It is not excluded that some companies only hype the concept but do not have the corresponding technical capabilities. Even if they have the technical ability, it may be difficult to avoid collusion and fraud if the technology is effectively used in the process of obtaining evidence. The admissibility of evidence by the court. The identification of evidence often needs to determine the authenticity, legality and relevance, while the electronic evidence can not play a strong supporting role for the case due to the large amount of electronic evidence and the difficulty in identifying the original.
        As mentioned above, in the first blockchain deposit case in China, the security network platform collected evidence from the defendant's infringing webpage, which was supported and adopted by Hangzhou Internet court. However, in another case judged by the Chengdu court, the evidence obtained by the security network was not adopted. It can be seen that at this stage, the use of blockchain technology to obtain evidence ultimately requires the court to finally identify and accept. Then, does the court judge according to the qualification of the evidence collection platform and the content of the evidence collection, or should the court further review whether the evidence collection technology itself meets the requirements. If the technical standards are to be reviewed, does the judge have such ability?. The construction of alliance chain. At present, there are three main forms of blockchain: Alliance chain, public chain and private chain, while the forms used by government departments, political and legal organs and other units are generally alliance chains.
        As one of the biggest characteristics of blockchain is decentralization, the important value of its application is to break through data barriers, realize information sharing, and promote multi-party cooperation. For example, in the current practice of depositing evidence, it is generally necessary to set up nodes in courts, notary offices, identification centers, law firms, etc., and form a platform for electronic evidence circulation and review, so as to realize the functions of data storage, whole network monitoring, online evidence collection, and judicial certification. Therefore, the role of the blockchain cannot be realized only by one unit, but the more nodes of the alliance, the better. For example, the establishment of the judicial blockchain ecology requires the joint promotion of public security, procuratorial, court, judicial, government and other organs and departments, as well as law firms, justice offices, appraisal institutions, financial institutions, enterprises and individuals, so as to truly give play to its advantages and functions.
        The application of blockchain technology in the judicial field has brought great changes to the judicial certification system, but at the same time, as mentioned above, it has also brought many new challenges. Therefore, how to solve the new problems brought by new technologies is the focus of this paper. We should give full play to the initiative of judicial adjudication. The formulation of laws and regulations usually takes a long time. As an abstract regulation of the existing complex social phenomena, although the structure is rigorous, there is a lag, which leads to a legal blank in the initial stage of social change. As for the blockchain technology, although there are regulations on the management of blockchain information services, there are no clear legal provisions for the rights and interests disputes caused by the application of blockchain technology.
        Therefore, for the legal problems arising from the application of blockchain technology, under the condition that laws and regulations are relatively imperfect, the judge should correctly apply the legal interpretation method, analyze the data legal relationship, demonstrate the legal structure, and reasonably divide the responsibilities of all parties by using the discretion in the judicial process on the basis of respecting the original intention of the legislator and finding out the meaning of the legal norms. (Xia jisen and Zang Zhihong: on social risks and legal governance of blockchain application, published in Journal of Changzhou University (SOCIAL SCIENCE EDITION), Vol. 20, issue 1) at the same time, it can also quickly make up for the ambiguity of rules caused by the absence of laws through various guidance activities, such as lectures and training on blockchain technology. The Supreme People's court can also select and compile the tried blockchain typical cases, Form guiding cases and standardize the courts at all levels to determine the points and stop disputes according to the gist of the judgment.
        Popularize the private chain to ensure the authenticity and privacy of the certificate. In view of the authenticity and privacy problems brought by the blockchain technology, the existing technology has developed and operated the private chain and mixed currency mechanism. Compared with the public chain, which is characterized by high data transparency and many participants, the private chain is a blockchain whose write permission is controlled by an organization or institution, which strictly restricts the qualification of participating nodes. The mixed currency mechanism hides the transaction process of both parties of the blockchain transaction, making it difficult for attackers to accurately analyze the transaction relationship between different addresses, thus increasing the difficulty of determining the identity of traders. (Hou Jiabin, Li Jun: impact and reconstruction: the legal dimension of blockchain governance, published in academic contention, March 2019).
        In the field of judicial trial, the author believes that the introduction of private chain is more appropriate than the mixed currency mechanism. The court can cooperate with technical service companies to develop a private chain suitable for judicial trial, set the necessary qualification conditions for participating nodes, prevent malicious depositors from depositing evidence, and ensure the authenticity and privacy of evidence. At the same time, the introduction of the private chain can also solve the qualification problem of the forensics platform. In the process of setting the qualification of participating nodes, the qualification requirements of the forensics platform are clarified, and the list of platforms is mastered by the industry association or the higher people's court in the region, so as to ensure the legality and compliance of the forensics platform. Use supervision technology to unify the judgment scale. The application of blockchain technology in the judicial field has brought great changes to the access of evidence. At the same time, as mentioned above, the current laws and regulations are lagging behind. Therefore, in the trial practice, there are often cases of different judgment scales such as different judgments in the same case.
        Therefore, the author believes that it is necessary to introduce the concept of regulatory technology. Regulatory science and technology refers to the introduction of advanced scientific and technological means by the regulatory body to improve the regulatory capacity. It can connect with the existing policies, regulations and systems, and pay attention to the risks before and after the event. (Hou Jiabin, Li Jun: impact and reconstruction: the legal dimension of blockchain governance, published in academic contention, March 2019). The introduction of this practice in the judicial field can provide the regulatory body with a timely summary of the application process of blockchain Technology
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