Study On Blockchain-based Evidence Preservatiaon

In recent years,with the development and spread of Internet technology,electronic evidence has appeared in litigation with increasing frequency.However,due to the inherent disadvantages of electronic evidence,such as its easy falsification and modification,its authenticity is often called into question and its evidentiary capacity is greatly affected.In past judicial practice,courts have generally been very cautious about electronic evidence.Blockchain is the product of the development of the digital age,with a decentralized architecture that subverts the traditional decentralization,innovative distributed design in computing methods,and at its inception was mainly applied to the underlying technology of digital cryptocurrencies.As the understanding of blockchain technology gradually deepens,more and more fields find that the characteristics of the blockchain can produce very good results in the field,the blockchain technology applied to the preservation of electronic evidence is one of the development directions.This paper provides an in-depth exploration of the application of blockchain in evidence preservation,except the introduction and conclusion,it includes four parts according to the following structure:In the first part,starting from the current state of the application of electronic evidence,analyzes the dilemmas in the preservation and use of electronic evidence and introduces the significant significance of blockchain technology in the preservation of electronic evidence.After that,the origin and development of blockchain technology will be specifically introduced,and the characteristics and advantages of blockchain technology will be explained.On this basis,the advantages arising from the combination of blockchain and the preservation of electronic evidence are enumerated,and the extra-territorial implications of blockchain for the preservation of evidence and the development of related regulations in China are presented.In the second part,we firstly overviewed of the current state of practice of blockchain evidence preservation in China,and then introduced the first case of blockchain evidence preservation in Hangzhou Internet Court,the first case of blockchain evidence preservation in Beijing Dongcheng District People's Court,and the first criminal case of blockchain evidence preservation in Shaoxing Shangyu District People's Court,and discussed the effectiveness of blockchain evidence preservation in each case.In the third part,according to the logical order of the problems of blockchain evidence preservation in the current practical application,the problems brought about by the limitations of industry development and the problems in other aspects,the shortcomings and hidden problems from various perspectives are listed and elaborated,and the reasons for the relevant shortcomings and hidden problems are specifically analyzed,so as to point out the direction for seeking a better way forward.In the fourth part,based on the hidden dangers and defects listed in the previous part,the specific causes of the defects or hidden dangers are proposed,so that the evidence preservation of blockchain can be widely used in future judicial practice,and the characteristics of blockchain can be used to save judicial resources and improve judicial efficiency.The conclusion of this paper reviews the full text and makes it clear that the traditional preservation of electronic evidence cannot keep up with the development trend of electronic evidence,and the advantages of electronic evidence will be limited by the traditional preservation of electronic evidence.Blockchain technology has the characteristics of distributed,decentralized,difficult to be tampered with and so on can well make up for the deficiencies of the traditional way of preserving electronic evidence.Although the application of blockchain technology in China's judicial field has been at the forefront of the world,the relevant laws and regulations are constantly being improved,and judicial practice is becoming richer and richer,however,the preservation of blockchain evidence is in its infancy,there are still a series of problems to be improved,affecting the relevance,legality,authenticity and other aspects of evidence.To address these issues,this article analyzes the causes of the problems,discusses the use of biometric identification technology to ensure that the subject of evidence is stored,formulates unified industry standards and judicial blockchain access rules,and safeguards security through technological progress,etc.At the same time,it should promote the combination of notary offices and blockchain evidence preservation,and vigorously popularize the awareness of blockchain evidence preservation,in order to create a convenient and efficient social environment for electronic evidence preservation and use.