Study On The Authentication Of The Block-chain Evidence

In June 2018,the Hangzhou Internet Court affirmed the authenticity of "block-chain evidence" in a network copyright dispute case and accordingly confirmed the facts of the case.Since then,the evidence stored based on block-chain technology,that is,block-chained evidence,has entered the field of civil justice and gradually expanded its application,which is expected to alleviate the dilemma of electronic evidence in the field of authenticity because of its instability and tampering.However,due to the current low popularity of block-chain technology,legislation has only been rarely carried out,and the theoretical discussion of it in academic circles is currently lacking,resulting in a lack of sufficient legislation and theory for the authenticity of block-chain evidence.In addition to the introduction and conclusion,this article is divided into four parts.The first part: the necessity of affirming the authenticity of block-chain evidence.After the legality of the block-chain evidence is confirmed,how to confirm the authenticity of the block-chain evidences which are heavily scientific and technological becomes the emerging perspective in the field of civil litigation,which leads to its particularity.In addition,behind the block-chain evidence authenticity affirmation system,there’s the judicial value of fully discovering the truth of the case,balancing the justice and efficiency,as well as promoting judicial innovation,resulting in its necessity to analyze the block-chain evidence authenticity affirmation.The second part: the status,problems and causes of the authenticity affirmation of block-chain evidence.There are dozens of courts at different levels across the country that have built a block-chain electronic evidence platform,and the number of cases applying block-chain evidence is gradually increasing.But the legislation presents a blank for the affirmation of the authenticity of block-chain evidence,judicial practice has different standards and technical operation procedures for the authenticity of block-chain evidence with the limitations of the court certification model,and the type of case platform need to be expanded.The reason for the above problems lies not only in the "newness" of technology,but also in the vague definition of related concepts,the inconsistency of the cognition of technology and the adherence to the traditional view of evidence.The third part: the reviewing of the approach to the authenticity of block-chain evidence.The corresponding affirmation approach is discussed by examining the core influencing factors of the authenticity affirmation of the block-chain evidence,and doing reviews under comparative laws.First,in the context of obligations for providing original electronic evidence and the disunity of theoretical opinions of which,the original definition of the block-chain evidence should be searched for a new interpretation path.Secondly,the block-chain evidence covers different types of technical verification,there should be a clear understanding the degree of proof of its technical verification and consideration factors.Finally,in the era of blockchain,innovating the electronic evidence investigation method is also an important supporting bridge for the authenticity affirmation of block-chain evidence.The fourth part is the construction of the block-chain evidence authenticity affirmation system.After discussing the core concepts and theories related to the aforementioned authenticity affirmation,the specific reviewing rules for the authenticity affirmation of the block-chain shall be established,and the independent investigation method of the evidence shall be preliminarily constructed,assisted by supporting systems such as technological improvement and third-party industry standardizing,with the purpose of contributing to the scientific and objective affirmation of the authenticity of block-chain evidence.