Mining in the pre galactic Era
Publish: 2021-05-17 09:48:26
1. On January 21, the supreme law issued the provisions on some issues concerning the online handling of cases by the people's courts (Draft for solicitation of opinions). There are 36 articles in the provisions, especially in the aspect of blockchain evidence, which are highlighted in four articles:
Article 14 [effectiveness of blockchain evidence] the evidence submitted by the parties is deposited through blockchain technology and is consistent after technical verification, If it is presumed that the evidence has not been tampered with after being chained, the people's court may confirm the authenticity of the evidence, unless there is evidence to the contrary sufficient to overturn it
Article 15 [Rules for examination of blockchain evidence] if a party raises an objection to the evidence stored in blockchain with reasonable reasons, the people's court shall mainly examine the following contents:
(1) whether the deposit platform complies with the relevant provisions of the relevant state departments on the provision of blockchain deposit services
(2) whether there is an interest relationship between the parties and the deposit platform, and improperly intervene in the process of evidence collection and deposit by using technical means
(3) whether the information system of the deposit platform meets the national or instrial standards of cleanliness, security and usability
(4) whether the technology and process of certificate keeping meet the requirements of "technical specification for electronic data certificate keeping" on system environment, technical security, encryption mode, data transmission, information verification, etc
Article 16 the people's court shall review the authenticity of the data submitted by the parties when they put forward that the data is no longer authentic and provide evidence to prove or explain the reasons
according to the situation of the case, the people's court can require the party who provides the evidence of blockchain to provide evidence to prove the authenticity of the data, or to explain the specific source, generation mechanism, storage process, third-party notarization witness, associated verification data of the data. If the party concerned fails to provide evidence or make reasonable explanation, and the evidence stored in the blockchain cannot mutually confirm with other evidence, the people's court will not confirm the authenticity of the evidence
since 2018, with the establishment of the Internet court and the development of electronic evidence platform institutions following the blockchain technology, and with the development and improvement of alliance chain technology, some innovative electronic evidence platform enterprises have taken the lead in applying blockchain technology to the field of electronic evidence The authenticity, legitimacy and relevance from the time of being on the chain to the time of being on the chain. At the technical level, blockchain, CA, timestamp, encryption algorithm and other technologies are used to authenticate the real name of the platform users, and block chain store the user's signed data, so as to form a full evidence chain recording the key details of the whole process, and generate tamper proof hash encrypted files, so as to ensure the authenticity and reliability of the data before being linked and the integrity of the data when being linked
after being linked, easy security stores relevant data synchronously on the servers of notary office, Arbitration Commission, Internet court, right protection center, judicial appraisal institute and other institutions through the open platform of security chain; It can also conct visual blockchain inspection on the official websites of notary office, Arbitration Commission, judicial appraisal institute, Capital Intellectual Property Association, etc. Ensure that the whole process can be traced, the whole data can be verified, and the whole link can be trusted.
Article 14 [effectiveness of blockchain evidence] the evidence submitted by the parties is deposited through blockchain technology and is consistent after technical verification, If it is presumed that the evidence has not been tampered with after being chained, the people's court may confirm the authenticity of the evidence, unless there is evidence to the contrary sufficient to overturn it
Article 15 [Rules for examination of blockchain evidence] if a party raises an objection to the evidence stored in blockchain with reasonable reasons, the people's court shall mainly examine the following contents:
(1) whether the deposit platform complies with the relevant provisions of the relevant state departments on the provision of blockchain deposit services
(2) whether there is an interest relationship between the parties and the deposit platform, and improperly intervene in the process of evidence collection and deposit by using technical means
(3) whether the information system of the deposit platform meets the national or instrial standards of cleanliness, security and usability
(4) whether the technology and process of certificate keeping meet the requirements of "technical specification for electronic data certificate keeping" on system environment, technical security, encryption mode, data transmission, information verification, etc
Article 16 the people's court shall review the authenticity of the data submitted by the parties when they put forward that the data is no longer authentic and provide evidence to prove or explain the reasons
according to the situation of the case, the people's court can require the party who provides the evidence of blockchain to provide evidence to prove the authenticity of the data, or to explain the specific source, generation mechanism, storage process, third-party notarization witness, associated verification data of the data. If the party concerned fails to provide evidence or make reasonable explanation, and the evidence stored in the blockchain cannot mutually confirm with other evidence, the people's court will not confirm the authenticity of the evidence
since 2018, with the establishment of the Internet court and the development of electronic evidence platform institutions following the blockchain technology, and with the development and improvement of alliance chain technology, some innovative electronic evidence platform enterprises have taken the lead in applying blockchain technology to the field of electronic evidence The authenticity, legitimacy and relevance from the time of being on the chain to the time of being on the chain. At the technical level, blockchain, CA, timestamp, encryption algorithm and other technologies are used to authenticate the real name of the platform users, and block chain store the user's signed data, so as to form a full evidence chain recording the key details of the whole process, and generate tamper proof hash encrypted files, so as to ensure the authenticity and reliability of the data before being linked and the integrity of the data when being linked
after being linked, easy security stores relevant data synchronously on the servers of notary office, Arbitration Commission, Internet court, right protection center, judicial appraisal institute and other institutions through the open platform of security chain; It can also conct visual blockchain inspection on the official websites of notary office, Arbitration Commission, judicial appraisal institute, Capital Intellectual Property Association, etc. Ensure that the whole process can be traced, the whole data can be verified, and the whole link can be trusted.
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