| With the vigorous development of information technology,electronic data has become the mainstream form of evidence in litigation.Due to the vulnerability of electronic data,the authenticity of electronic data in judicial practice is easy to be questioned.The court’s attitude towards electronic data is very conservative,and the use of electronic data is very limited.The common third-party electronic data storage certificate has many deficiencies in solving this problem,and highly relies on notarization.As a new technology in the information age,blockchain has the characteristics of decentralization,unforgeability and traceability,which is very suitable for electronic data storage and certification,and provides a new opportunity for solving the problem of authenticity query of electronic data.In addition to the introduction and conclusion,there are five parts in this thesis:In the first part,the related concepts and characteristics involved in the electronic data storage of blockchain are clarified.Firstly,it explains the connotation of blockchain technology and the underlying technologies involved,including time stamp,digital signature,hash function and consensus mechanism;and introduces the technical characteristics of blockchain,such as decentralization,detrust,anti tampering,etc.Then the paper analyzes the principle of blockchain electronic data storage,including the feasibility of using blockchain technology to store electronic data,and the hash value storage mode of blockchain electronic data.The second part is a theoretical analysis of the value displayed by blockchain electronic data deposits.The first section discusses the value of evidence law of blockchain electronic data storage.Including the promotion of the widespread application of copies of electronic data,the trend of electronic data certification from relying on notarization to technical self-certification,and the impact on the reconstruction of certification rules.The second section analyzes the value of the procedural law of blockchain electronic data deposits.Blockchain deposits can improve the efficiency of current litigation,and reduce litigation costs from two aspects:reducing the time and money costs of the parties and reducing the consumption of judicial resources..The third part analyzes the current judicial review practice of blockchain electronic data deposit based on the case.First,introduce the facts of typical cases,and then compare different cases to analyze the differences in court review.The fourth part is to extract problems from actual cases,including the lack of blockchain evidence industry standards leading to unclear scope of court review,the immutability of blockchain does not equal the authenticity of evidence,and blockchain evidence does not necessarily reduce the cost of rights protection And reduce the consumption of judicial resources,as well as unavoidable technical problems.Technical problems are divided into the sustainability of private chains and the cost of public chains.The fifth part is based on the above-mentioned improvement and Countermeasures of electronic data storage of blockchain,which is also from two dimensions of theory and practice.First of all,in terms of theory,we should construct the theory and perfect the rules,and establish the strict evidence rules and standard of evidence.Then it is the practical level,we should improve the norms and procedures of data storage before the link,establish notarization like authentication rules in litigation,reduce the burden of proof,reduce the occupation of judicial resources,and promote the public-private alliance chain mode in operation,so as to form a benign development of blockchain electronic data storage. |
