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Research On Blockchain Electronic Data Preservation In Civil Litigation

Posted on:2022-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:F R FanFull Text:PDF
GTID:2506306500464874Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of technology and information networks,while bringing great convenience to mankind,it has also caused many civil disputes.Among them,electronic data as evidence has also appeared more and more frequently in civil lawsuits.Generally,in judicial practice,the authenticity of electronic data is often questioned due to its inherent disadvantages such as easy tampering and falsification.Therefore,its probative power in litigation is also greatly affected.The identification of electronic data has become difficult,which is also a pain point in electronic data preservation for a long time.With the gradual maturity of blockchain technology,the mode of combining blockchain technology with electronic data security has been widely used in judicial practice.But at the same time,it is not difficult to see a series of problems in the blockchain electronic data preservation method.This article will discuss the specific problems of blockchain electronic data preservation in both legislative and judicial aspects on the basis of typical cases,and analyze and put forward perfect countermeasures and suggestions.In addition to the introduction and conclusion,the main text includes three parts,the specific content is as follows:The first part is the introduction and analysis of typical cases.Respectively introduced the "Chengdu Daily and Beijing Panorama Vision Network Technology Co.,Ltd.’s case of infringement of the right to disseminate information on the network of works" and "Hangzhou Hua tai Yi media Culture Media Co.,Ltd.v.Shenzhen Daotong Technology Development Co.,Ltd.for infringement of the right to disseminate information on the Internet The relevant facts and judgment results of the “Dispute Case”,and summarized the focal issues of the dispute on blockchain electronic data preservation in the case.The second part is the doubts and dilemmas faced by blockchain electronic data preservation in practice.Analyze the legislative and judicial problems of blockchain electronic data preservation,such as the question of specific third-party blockchain preservation platforms,the lack of certification standards,the inconsistent preservation standards,and the difficulty of authenticity of the original data before preservation.There are problems such as duplication of protection and blockchain preservation and notarization preservation.The analysis of these problems points out the direction for seeking improvement measures.The third part is the perfect suggestion for blockchain electronic data preservation.In response to the issues raised in the previous section,we propose perfect ideas to provide new ideas for the development of blockchain electronic data preservation in civil litigation,and propose corresponding suggestions from the legislative path and the judicial path to better solve the problems under the framework of the rule of law.By using blockchain to improve judicial efficiency and save judicial resources,blockchain electronic data preservation can be used legally,rationally and effectively in judicial practice.
Keywords/Search Tags:Civil litigation, Electronic data, Electronic data preservation, Block chain
PDF Full Text Request
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