Research On The Evidence Effectiveness Of Electronic Data In The Third-party Depository Platform

Electronic data,as a kind of independent evidence based on information technology,plays an increasingly important role in judicial practice.However,due to the characteristics of immediacy and vulnerability of electronic data,it is difficult to secure electronic data.In addition,traditional evidence preservation procedures are cumbersome and passive,which makes it difficult to meet the needs of all parties for electronic data preservation.This requires an efficient,convenient,safe and reliable electronic data preservation system to meet the efficiency requirements of the parties while ensuring the effectiveness of electronic data evidence.Therefore,the third-party electronic data storage platform(the "third-party electronic data storage platform" in this paper is referred to as the "third-party electronic data storage platform").Came into being,and in judicial practice has been widely used.In the field of law,there are many researches on the electronic data preservation of courts and notaries in litigation,and these two kinds of institutions also have clear legal provisions on the preservation of electronic data.Third party witness platform is the new product of the era of large data and cloud computing,got great use in judicial practice,but no relevant legal provisions,along with the large-scale popularization and application of the third party witness platform,must respond from the legal system and the technical specification,enhance its preservation of electronic data evidence,can let the third party electronic data security to better meet the demand of litigation.The evidential validity of electronic data requires its authenticity,legitimacy and relevance.Based on the in-depth study of the third-party depository platform,this paper finds out the existing problems in the evidence effectiveness of the electronic data stored by the third-party depository platform,and puts forward Suggestions on improving the legal and technical aspects,aiming at improving the evidence effectiveness of electronic data in the third-party depository platform and promoting the faster and better development of the third-party electronic data preservation industry.Due to the third party witness platform security electronic data belongs to the category of the third party electronic data security,and so the first chapter summarizes the basic theory of the third party electronic data security,through in-depth analysis of the traditional evidence preservation,thus put forward the concept of third party electronic data preservation,and sums up the practical significance of the third party electronic data security.Among them,the theory of information and carrier is introduced into the third party electronic data preservation to form the theoretical basis of the third party electronic data preservation.The second chapter introduces the third-party depository platform and its technical principles.Through in-depth analysis of the operation mode and technical principles of the third-party depository platform,different modes and basic procedures of the third-party depository are summarized.Among them,the electronic data preservation of the third party depository platform is divided into after-event preservation and real-time preservation.The third chapter studies the problems existing in the evidence effectiveness of electronic data in the third-party depository platform.Through the depository experiment,it is found that the computer environment is clean,electronic data sources,electronic data storage,the neutrality of depository institutions and other aspects will affect the authenticity of electronic data in the third-party depository platform.This paper analyzes the legal feasibility of the evidence preservation subject,preservation time and acceptance mode of the third party depository platform,and hopes that the legislation can endow the third party depository platform with the legal status as soon as possible,so as to enhance the legitimacy of electronic data in the third party depository platform.In the relevance analysis,it is found that the relevance of electronic data in the third-party depository platform is mainly reflected in identity association and source association.The fourth chapter introduces the blockchain technology into the third-party electronic data preservation,innovatively proposes the theoretical scheme of forming blockchain by the third-party storage platform,judicial appraisal institution,notary institution,electronic certification institution and court,and discusses the authenticity of electronic data in the scheme theoretically.At the same time,this paper analyzes the shortcomings of the scheme in terms of computing power and privacy,and provides some solutions.Finally,the first case of blockchain in China was analyzed to discuss the role of blockchain in enhancing the authenticity of electronic data in this case.Chapter five puts forward Suggestions for the improvement of third-party electronic data preservation from the perspective of law and supervision.It is suggested that the subjects of evidence preservation and the starting conditions and procedures of evidence preservation should be authorized by legislation.Secondly,the qualification certification mechanism,supervision mechanism and industry standards of third-party electronic data preservation should be established.In general,this paper adopts the writing framework of finding problems,analyzing problems and solving problems.The innovation of this paper lies in the perspective of evidence effectiveness,analyzing the problems existing in the preservation of electronic data by the third-party depository platform and putting forward some innovative countermeasures.In the part of analyzing and solving the authenticity of electronic data,the main innovation point in the analysis of the problem lies in the discovery of the clean computer environment,the neutrality of depository institutions,and the impact of data sources on the authenticity of electronic data,among which the main reason for the impact of data sources on the authenticity of electronic data is post-preservation.To solve the problem,in order to enhance the electronic authenticity,innovatively put forward the blockchain storage scheme,in which the depository institution,notary institution,judicial appraisal institution,electronic data authentication institution and court are the nodes to form the alliance chain.In this scheme,in the electronic data collection link,due to the accounting rules and information openness of the blockchain,the electronic data collection is under the supervision of other nodes.In the transmission link of electronic data,due to the information sharing and time sequence of blockchain,electronic data can be transmitted to the court completely and effectively,which solves many problems of traditional evidence transfer.In the storage of electronic data,due to the decentralized and distributed storage characteristics of the block chain,the stored electronic data cannot be tampered with or damaged easily.At the same time,this paper analyzes the problems in calculating power and privacy,and puts forward some solutions.In the part of analyzing and solving the legality of electronic data,the differences between the third party electronic data preservation and legal evidence preservation in the subject of preservation,the procedure of starting conditions of preservation and the scope of jurisdiction of preservation are systematically sorted out.In the suggestion of perfecting the system of the third party electronic data preservation,the innovation lies in that the legislation should first endow the third party depository institution with the subject status of legal evidence preservation.Secondly,in order to protect personal privacy,the depository institution should fulfill the obligation of explanation and notification before depository.At last,the qualification certification is divided into legal certification and technical certification,and the corresponding industry standards are constructed.