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Research On The Issues Of Evidence Certification By Blockchain

Posted on:2020-09-03Degree:MasterType:Thesis
Country:ChinaCandidate:X DingFull Text:PDF
GTID:2416330590463356Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the increasing frequency of electronic data evidence in judicial cases in recent years,the pressure of preservation by courts and notaries has increased sharply.Some private organizations have begun to join the practice of third-party electronic data evidence preservation.Blockchain technology,which features decentralization,trust,common maintenance,reliable data,and privacy protection,has attracted the attention of third-party depository organizations,and is increasingly applied to actual electronic deposits.Nowadays,there have been cases related to blockchain deposit in arbitration and litigation in China.Although the number is small,it can be foreseen that it will develop like a blowout.At present,there is a big gap in the evidence certification of electronic deposit certificates in China.Although there are related cases,there is little research on the special certification of blockchain deposits at the legislative level.Therefore,this paper will explore the issue of blockchain certification in judicial practice.Starting from the concepts of hash value timestamp,consensus mechanism and other related theories of block chain certification of depository evidence.The practical techniques of block chain evidence storage,such as distributed structure and asymmetric encryption,are sorted out.Then,there are still some problems in the legality certification,such as lack of standards,infringement of personal privacy,and the legitimacy of blockchain and bitcoin.By introducing and analyzing the existing laws outside the domain,the criteria for determining the legal status of blockchains are explored.Relevant legislative standards that should be determined in the legality certification of blockchain deposits;in terms of the reliability of the evidence of existence and the originality of the original evidence,the extraterritorial laws and regulations and relevant jurisprudence are introduced and analyzed.This is the way to propose that China's blockchain deposits should be authenticated in both formal and substantive aspects.In the aspect of relevance,it points out that there are problems such as subject,time,and proof mechanism under the carrier relevance.The legislative investigation of the correlation of blockchain deposits and the further analysis of the status quo of China's legislation,and then explore the requirements of the depository process and the party's identity technology linkage,the strict time of deposit and the certification of the legal status of the third-party depository platform.At the end of the paper,the problems in the certification of block chain depository evidence mentioned above are pointed out,it will be solved by establishing the rules of Evidence Authentication of block chain depository evidence and the supporting system of Evidence Authentication of block chain depository evidence.
Keywords/Search Tags:Blockchain Evidence, Legality, Authenticity, Relevance
PDF Full Text Request
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