Internet court is an important innovative practice of the deep integration of justice and science and technology.
With the emergence of virtual property transactions, social account inheritance, network mutual aid platform and other issues, the stable legal system of written litigation in the physical world began to evolve synchronously with the cross domain connection, full-time co-existence, and rapidly changing Internet environment, which also made the spear shield disputes in cyberspace tend to be fragmented, serialized, and massive, which not only helped to maintain the judicial authority of the Internet, but also helped to protect the legal system of the Internet Providing efficient dispute resolution services has posed new challenges, and also brought new mode changes to the trial mode, applicable procedures, litigation links and other aspects of the Internet court.
According to the provisions of the Supreme People’s Court on Several Issues concerning the trial of cases by Internet courts, if the authenticity can be proved through electronic signature, trusted time stamp, hash value verification, blockchain and other technical means of evidence collection, fixation and tamper proofing, or through electronic forensics platform authentication, the Internet court shall confirm. In reality, blockchain has been applied in many judicial systems, which provides a new way to solve many problems in online litigation.
The practical puzzle of judicial blockchain
The establishment of judicial blockchain is not “immediate transplantation, direct use” as the traditional court information construction, which puts forward high requirements for real-time dynamic data collection and analysis, system architecture security and stability.
Judicial blockchain based on technology. At present, in the judicial field, blockchain technology is mainly used for electronic evidence storage, and most of them are operated by commercial institutions. However, due to the inconsistency of technical standards and storage rules, it is unable to provide sufficient reliable data support for judicial trials. Whether all kinds of certificate keeping technology can get judicial recognition depends on solving the problem of authenticity proof.
In essence, the judicial blockchain is a kind of technology to consolidate and store evidence, which is a necessary but not sufficient condition to ensure the authenticity of electronic data. Although the information of the blockchain itself as the storage medium is not easy to be tampered with, and the storage is stable, in many cases, if the electronic data is tampered because of the network or device environment before it is saved with these fixed certificate storage technologies, it will not have authenticity at the moment of data generation, and the authenticity of the electronic data can not be guaranteed after it is authenticated by the forensics storage platform.
How to adopt reasonable design concept, introduce compliant blockchain technology, use appropriate information consensus mechanism, integrate data with judicial authorities, and establish the whole process, whole link and whole time sequence standardized mechanism of electronic evidence generation, transmission, extraction and preservation, so as to form a full cycle and high judicial effectiveness electronic data extraction infrastructure, All are challenges that Internet courts need to deal with.
Responsible editor; zl