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Blockchain technology is a new type of distributed ledger database that guarantees the integrity and security of data through cryptographic principles.
In the judicial field, blockchain electronic evidence storage technology can effectively solve the problems of difficult evidence collection and proof in network disputes, and is of great significance for promoting the acceptance and application of electronic evidence in the judicial field.
This paper first briefly introduces blockchain technology, and then conducts an in-depth analysis of the principle and technology of blockchain electronic deposit, and discusses the evidence attributes and evidence method value of blockchain electronic storage on this basis.
Finally, combined with the problems arising in judicial practice, this paper puts forward his own thoughts on how to ensure the implementation of the blockchain electronic deposit system in the rules of evidence, in order to benefit the establishment and improvement of the blockchain electronic deposit system in judicial practice.
Principle and technology of blockchain electronic deposit
Blockchain is a new application mode of computer technology such as distributed data storage, peer-to-peer transmission, consensus mechanism, and encryption algorithm.
Blockchain is a decentralized database that records a series of data, which itself does not have any storage properties, but is maintained by various nodes.
If a node is compromised, it will affect the operation of the entire system. This technology is applied to the judicial field, which is to connect electronic evidence with the blockchain and store it through the blockchain.
Blockchain electronic deposit mainly includes three links: first, electronic data generation and storage; The second is data verification and transmission; The third is the link of evidence preservation.
Among them, the generation and storage of electronic data mainly rely on technical means to achieve the uniqueness, integrity and immutability of data storage. Data verification and transmission mainly rely on cryptography technology, which can not only ensure that data information is not tampered with, but also ensure the integrity of information. The evidence preservation link preserves electronic evidence through blockchain technology to prevent it from being tampered with or deleted.
Blockchain electronic storage technology can record and verify the generation, storage, transmission, extraction and other processes of electronic data to ensure the integrity, authenticity and legality of electronic evidence.
In the evidence preservation link, blockchain technology is mainly used in the following two aspects: first, the transmission of electronic evidence from the original server to the blockchain database; Second, when tampering with electronic evidence during deposit, blockchain technology can be used to modify.
From the perspective of the principle and technology of blockchain electronic deposit, it can be divided into two levels: one is the distributed ledger database technology represented by the blockchain, and the other is the digital signature technology based on cryptography.
The former is based on the principle of cryptography to ensure data security; The latter uses encryption algorithms to ensure that data is not tampered with during transmission.
Specific to the judicial field, blockchain electronic storage is mainly used in the following three aspects: first, it is used to store and extract electronic data; Second, it is used to verify whether the electronic data is true; Third, it is used to preserve electronic evidence. As a new deposit mode, the main advantage of blockchain electronic deposit is that it can combine the decentralization, security, immutability, traceability and other characteristics of blockchain with evidence preservation in the judicial field.
Evidence properties of blockchain electronic storage and electronic data
When blockchain technology is applied to electronic deposit, it is first necessary to clarify the difference between blockchain electronic deposit and traditional deposit. Electronic data refers to data that exists in digital form in electronic devices such as computers and can prove the facts of a case.
Blockchain electronic storage refers to the act of extracting and fixing the data information generated on the network and stored in the blockchain based on blockchain technology, and being accepted by the court in subsequent litigation procedures.
It is clearly different from traditional electronic evidence, which is manifested in: (1) Electronic evidence is easy to change. Traditional electronic evidence can be changed from formation to formation, while the data information generated by blockchain electronic storage is fixed, and once it changes, the blockchain data will also change; (2) Electronic evidence is easily tampered with. Traditional electronic evidence has the possibility of being modified, but blockchain data does not have such a problem; (3) Electronic evidence is reproducible. Traditional evidence can be copied, but blockchain data cannot be copied, which is also an important feature that distinguishes it from traditional evidence; (4) Electronic evidence is easily disseminated. Traditional evidence can be collected and fixed through direct contact, filming, recording, etc., but blockchain data cannot be collected and fixed in this way.
The value of the blockchain electronic deposit system
As a new type of information technology, blockchain technology has the characteristics of decentralization and non-tampering, and has the advantages of high credibility, low cost and high efficiency.
In the judicial field, blockchain electronic storage can effectively solve the problems of easy loss and tampering of electronic evidence, and provide technical support and guarantee for judicial trials. Through the in-depth analysis of blockchain technology, we can find that blockchain technology can be applied to the whole process of collection, storage and verification of electronic evidence.
First of all, the blockchain electronic deposit system helps to improve the efficiency of evidence collection. From the investigation of cybercrime cases, most cybercrime cases involve the collection, storage and extraction of evidence of electronic data.
Due to the diversity and complexity of electronic data, it is difficult to collect, store and verify electronic evidence. For example, information transmitted over the Internet, in addition to some private information, has a lot of information that is in the public domain.
In such cases, the judiciary often spends a lot of time collecting evidence to obtain information relevant to the case. Due to the long time required to collect, store and verify electronic data, the judiciary needs to invest more manpower and material resources to complete the work.
Blockchain electronic storage technology can effectively solve this problem, it has the characteristics of decentralization, non-tampering, etc., which can greatly shorten the time required to collect, store and verify electronic evidence, and greatly improve the efficiency of evidence collection.
In cybercrime cases, evidence collection is one of the most important links in collecting evidence. Due to the high difficulty and high requirements for collecting evidence in cybercrime cases, the requirements for evidence are also relatively high. At present, electronic data has not been fully used and proven in the judicial field.
With the development and popularity of blockchain technology, judicial authorities can use blockchain technology when collecting, storing, and verifying electronic evidence.
Blockchain technology is decentralized, and it can avoid data loss due to the failure of a single node. Blockchain technology is immutable. Confirm that the data has not been tampered with by verifying and recording the data on the blockchain. Blockchain technology can judge whether the evidence collection results are true and reliable by verifying whether the electronic data in the process of evidence collection is true and valid.
Through the construction and improvement of the blockchain electronic deposit system, the problems and challenges faced in judicial practice can be effectively solved.
Problems and countermeasures in the implementation of the blockchain electronic deposit system
With the rapid growth of electronic data, electronic data evidence has become the main type of evidence in judicial trials. However, there are still many problems in judicial practice in electronic data evidence, such as non-standardized methods of evidence collection, inconsistent technical standards, unclear review and judgment standards, non-standardized appraisal procedures, and unscientific transformation and identification of evidence.
The reason is mainly because the blockchain electronic deposit system is still in the exploratory stage, the supporting technical standards are still in the process of improvement, and the identification standards for electronic evidence are constantly being updated.
In addition, the application time of blockchain technology in the judicial field is still short, and there are still many problems to be solved in litigation practice. Therefore, it is necessary to formulate and improve the blockchain electronic deposit system at the legal level in combination with the problems that arise in the current judicial practice.