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Research On "Blockchain+Electronic Evidence Preservation" System

Posted on:2020-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:R MaoFull Text:PDF
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Since the beginning of the new century,the rapid development of science,technology and information networks has brought great convenience to human life,leading us to pursue a better quality of life.However,at the same time,the development of informatization and technology has also led to many unprecedented disputes,which continue to pour into the court,among which a series of cases involving electronic evidence are very prominent.Generally speaking,scholars of procedural law believe that the inherent dependence,tampering and professionalism of electronic evidence have long been the pain points of electronic evidence preservation.In recent years,the rapid development of blockchain technology has brought research opportunities to the academic community.The decentralized,tamper-proof and traceable characteristics of blockchain technology have given new opportunities and connotations to the electronic evidence preservation system.Especially in recent years,with the technology innovation and development of blockchain gradually becoming mature,the application of blockchain has also extended from the economic and financial field to the field of electronic information storage,which has attracted more and more attention from the legal circle.But at the same time,also it is not difficult to see "block chain + electronic evidence preservation system and the lack of legislative support,the chain store card standard is not unified,the block chain exists from notary preservation mode to increase the burden,the third party block chain exists platform neutrality of questionable series problems,such as,this is hardly conducive to electronic evidence preservation system further perfected.To this end,the author choose mainly "hangzhou court to block Internet chain exists in the first case" and "the Beijing dongcheng district people's court blocks chain exists in the first case of" two case study as the research object,and make a comparative analysis,on the basis of the further discussion of the specific problems existing in the current block chain exists,on the basis of which the countermeasures and Suggestions of improve the system of electronic evidence preservation.In addition to the introduction and conclusion,the paper is divided into four parts.Part ?: typical cases and basic theories of "blockchain + electronic evidence preservation".This part firstly analyzes the basic situation and main dispute focus of the case of "the first case of blockchain preservation in hangzhou Internet court" and "the first case of blockchain preservation in Beijing dongcheng district people's court".On this basis,it compares the similarities and differences of the two cases to pave the way for raising questions.On this basis,this paper further sorts out and summarizes the connotation,characteristics,differentiation and analysis of electronic evidence and related concepts of the "blockchain + electronic evidence preservation" system,advantages of the "blockchain + electronic evidence preservation" system over the traditional electronic evidence preservation system,and other basic theories,providing theoretical support for the following research.Part ?: application scenarios of "blockchain + electronic evidence preservation" system.This part mainly summarizes the current development of blockchain technology in the field of electronic evidence preservation at home and abroad,and summarizes the experience and enlightenment brought by overseas practices to the development of China's electronic evidence preservation of blockchain.Timely affirmation of the legitimacy and legal status of "blockchain + electronic evidence preservation" at the legal level will help improve the judicial adoption rate of electronic evidence and better safeguard the legitimate rights and interests of parties.At the same time,attention should be paid to mining the functional value of blockchain technology in record and supervision.Part ?: the challenges and challenges of "blockchain + electronic evidence preservation" system.In this part,by analyzing the legislation of blockchain depository in China,the author points out the defects in the legislation of blockchain depository in China.It also analyzes and concludes that there are problems in practice,such as the inconsistency of blockchain certificate keeping standards,the increase of the burden of parties involved in the separation mode of blockchain certificate keeping and notarization preservation,and the questioning of the neutrality of the third-party blockchain certificate keeping platform.Part ?:Improvement and implementation of "blockchain + electronic evidence preservation" system.Based on the above theoretical support and case analysis,this part puts forward four Suggestions for improving China's "blockchain + electronic evidence preservation" system.The "blockchain + electronic evidence preservation" system has been updated in the connotation,technology,way and judicial application of electronic evidence preservation.Therefore,it is necessary to update the theory and practice of electronic evidence preservation system.Second,the foundation of the legal system.On the basis of improving laws and regulations and nodal certification criteria,it is necessary to transform laws and regulations and nodal certification criteria into smart contracts,explore and develop the smart contract governance system,and build a governance mode that integrates internal governance with external governance and internal governance with external governance.Third,the scope of expansion.The paper suggests that the third-party blockchain depository platform be included in the subject of electronic evidence preservation,confirm the legal status of the third-party blockchain depository platform in time,and strengthen the neutrality of the third-party blockchain depository platform.Fourth,the choice of specific path.This paper puts forward that can consider to carry out the pilot,"block chain + electronic evidence preservation" launch "block chain + notary preservation" working mechanism,into the wisdom court construction plan,training compound talent to promote at the same time,in order to better find problems in the operation of the electronic evidence preservation,and effectively solve the problem,under the rule of law framework expansion "block chain + electronic evidence preservation system for space,thus to perfect our country electronic evidence preservation in the field of justice provides new train of thought and countermeasures and Suggestions.
Keywords/Search Tags:Electronic evidence, Evidence preservation, Block chain, Smart contract, Regulatory
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