Research On Electronic Data Authentication Rules Based On Blockchain

The rule of evidence identification is the criterion of evaluating evidence ability,the prerequisite of judging admissibility,and the basis of court acceptance.In the era of Internet,the number of cases involving electronic data in judicial practice is increasing year by year.The basis of the examination and determination of electronic data is to test its identity and formal authenticity through the authentication procedure,so as to determine whether it has the qualification to enter the court.As a new type of physical evidence,electronic data can reflect the facts of the case more intuitively.But also because of its inherent vulnerability,it has a high risk of being destroyed and tampered in the process of collection,storage and transmission.At the same time,blockchain technology,as an epochal achievement of today’s information network research and development,has the characteristics of openness,transparency,immutability,security protection and so on.The use of blockchain technology for evidence storage can ensure the integrity and identity of electronic data,so as to provide an effective path for electronic data to pass the verification rule smoothly.Through empirical research and other methods,this paper makes an in-depth analysis of the current situation,problems and causes in the field of electronic data attestation in China.It is found that the relevant system of electronic data attestation has not been clearly defined in China at present,and the litigation value of electronic data is not fully developed,and the degree of combination of blockchain technology and justice is not very close.All these lead to the blank and limitation of the court in the process of electronic data processing.It is not conducive to the realization of procedural justice.In addition,based on the current judicial practice and combined with the relevant experience of the United States,this paper points out the advantages and feasibility of introducing the electronic data authentication rules into the blockchain depository technology,and proposes that the blockchain depository technology can be used as a reliable way of electronic data preservation,which can maximally protect the content of evidence from being tampered with,increased or decreased,or damaged.This paper suggests that the law of our country should clarify the authentication rules of electronic data,and make detailed regulations on the scope,approach,burden of proof and standard of authentication,as well as the legal consequences of the failure of authentication,so as to explore how to establish its legal status by bringing the electronic data stored in blockchain into the form of "presumption authentication".On this basis,we should strengthen the construction of supporting facilities,so as to establish a relatively complete system of electronic data ability judgment system in China,and enhance the effectiveness and value of science and technology enabled justice.