The Judicial Determination Of Authenticity Of Evidence Certification By Blockchain

With higher degree of information,electronic evidence has already became an independent type of evidence,but electronic evidence is depend on binary system and highly dependent professional knowledge,the rate of electronic evidence in judicial cognizance of the authenticity is low,highly dependent on notarization for auxiliary proved that electronic evidence for translation.Blockchain technology can achieve same the whole platform data,data change inexecutable,operation marks all the way.With the new technology applied to blockchain of evidence witness evidence,can effectively make up for some defects of electronic evidence,solve the problems of the electronic evidence authenticity fragile,really let the electronic evidence play its proper role,trial is more adapt to the social reality of high information now.In judicial practice,the Internet court has applied the block chain technology first.Relying on the online platform of storage and evidence collection of the block chain technology,the evidence of the block chain storage has been cross-examined as evidence in cases,and served as the basis for the determination of cases.As a new technology used to the evidence collection,the evidence obtained has caused a certain impact on the existing evidence theory.In actual cases,there is a dispute over the authenticity of the evidence stored in blockchain.Due to the distributed storage,the information stored on each node is both the original information and the copied information,so it is impossible to accurately define the evidence as the original or duplicate.In order to solve this problem,a non-discriminatory attitude is adopted to reject and discriminate against the evidence obtained at each node in the platform.If the evidence can be proved is from the node in the platform,it can be identified as a duplicate original,and the evidence can be identified as having the same certification effect as the original,so it is not necessary to divide is original or copy.Due to the short time of the emergence of blockchain,the court is very cautious in accepting bolockchain evidence,and usually requires notarization to guarantee the authenticity.It is a centralized certification mode in which the national credit is the endorsement of the authenticity of evidence.Blockchain features make it possible to self-certify,admit authenticity of the chain of evidence,will be a centralized,original state institutions credit endorsement proof ideas to decentralized,technology since the certificate of proof idea transformation,and through the related matters of review to ensure the consistency of the evidence before and after the top allied chain on ensuring that evidence exists to the truth of whole process chain under cross-examination.Forensicsenvironment in cognizance of the authenticity of the controversy is mainly manifested in two aspects,the qualification of evidence platform problem environmental and specific evidence of environmental,whether the platform has the corresponding qualifications,or the technical conditions to guarantee the real,is a neutral third party of evidence,could the specific witness evidence operation will affect the authenticity of evidence,which specification as the standard operation.In order to solve this problem,judge with the perspective of "expert",platform qualification issued by the authority belongs to have professional knowledge of the examination and approval department,through the platform in the judicial cognizance qualification review,evidence of environmental guidelines,double check data on the chain,review data on time multi-azimuth to ensure the authenticity of evidence,such as subsequent build up specific operational in the judicial practice of the authenticity of the detailed rules.