A Preliminary Study On The Storage Of Blockchain Electronic Evidence

On June 28,2018,the Internet people’s Court of Hangzhou City,Zhejiang Province made a public judgment on a civil dispute case that infringed on the right of information network dissemination of works,recognized the three natures of a group of electronic evidence stored by blockchain technology,and determined that this group of evidence is demonstrative and can prove the facts to be proved.On September 7 of the same year,the national Supreme People’s Court promulgated the provisions of the Supreme People’s Court on Several Issues concerning the trial of cases by Internet courts,which is also the first time that China has confirmed the validity of electronic evidence storage in blockchain and the third-party electronic evidence storage platform at the level of judicial interpretation.But up to now,the author takes blockchain as the key word,through the retrieval of relevant cases,only a dozen of bleak public trial cases have been found The main reason for the dismal situation of judicial application is the tamperability of traditional electronic evidence,which can not guarantee the authenticity of electronic evidence,and the judicial organs usually convert traditional electronic evidence into physical evidence,documentary evidence or verbal evidence for adoption.The traditional concept of electronic evidence and many disadvantages of traditional evidence mode also directly lead to the current judicial practice of legal workers The authenticity of blockchain electronic evidence is still doubted or even denied.This paper analyzes the evidence rules of electronic evidence,the chain up and generation of electronic evidence,the storage mode and security of electronic evidence,and the collection and submission of electronic evidence under the blockchain evidence storage mode,and further analyzes and proves that the blockchain electronic evidence storage mode can successfully solve various disadvantages of the traditional electronic evidence storage mode,which not only ensures the electronic evidence The objectivity of E-evidence can also solve the problem of electronization and visualization of "the last kilometer" of E-evidence submitted to the court,hoping to provide theoretical reference for the understanding and application of E-evidence under more blockchain evidences in the future judicial practice.This paper mainly studies and finds that there are many shortcomings in the current traditional electronic evidence storage mode,which leads to the poor judicial application of electronic evidence,and many legal workers also question the authenticity of blockchainelectronic evidence storage.First of all,it analyzes the current research status of blockchain storage,and concludes that blockchain Technology has been paid attention to and studied by many people,but blockchain technology has been studied by many people The electronic evidence of chain evidence is still a bleak judicial application status quo.Secondly,through the analysis of the evidence review rules of electronic evidence,it is concluded that the key focus of the review of electronic evidence is the authenticity and objectivity of evidence and how to judge the objective authenticity of electronic evidence under the evidence rules.Thirdly,it analyzes the inherent disadvantages of the traditional mode of evidence storage.Fourthly,it analyzes the feasibility of the blockchain electronic evidence storage mode to overcome the disadvantages of the traditional storage mode.In addition to the introduction and conclusion,it is divided into the following four parts for discussion:In the first part,it analyzes the current situation of blockchain electronic evidence storage research.Although both at home and abroad are actively exploring theoretical research and the development of practical application products,but in China’s judicial practice,electronic evidence,especially the electronic evidence under blockchain storage,is still a bleak judicial application status.The second part analyzes the examination rules of electronic evidence.Through the analysis of the external forms of electronic evidence,the rules for the examination of the evidentiary power of electronic evidence,the rules for the examination of the objectivity of electronic evidence and other aspects,this paper analyzes the level by level in general civil dispute cases.Because of the characteristics of electronic evidence itself,there is no difference between the legality and relevance of electronic evidence and other types of evidence,which often do not become the focus of electronic evidence,while objectivity often becomes the party concerned At the same time,it further analyzes that the objectivity of the examination of electronic evidence should be judged from the generation,collection,preservation and other stages.In the third part,the author analyzes the two traditional operation modes of electronic evidence,which have different inherent shortcomings and problems,and can not guarantee the objectivity of electronic evidence technically.The fourth part,the feasibility of blockchain electronic evidence storage to overcome the disadvantages of traditional storage mode.Through the analysis of the key technologies of blockchain evidence storage,the objectivity of electronic evidence can be ensured;theprinciple of blockchain evidence storage mode overcomes the inherent shortcomings of traditional evidence storage mode and solves the problem of electronic evidence in the whole process;each link of blockchain evidence storage can ensure the objectivity of electronic evidence;the last summary of the current judicial practice is also constantly exploring and trying to accept blockchain electronic evidence storage Change and efficiency brought about by the model.