Research On Blockchain Evidence Review In Civil Litigation In China

In the information age,the new mode of "blockchain + justice" has been used more and more widely in practice.The so-called blockchain evidence refers to a kind of evidence materials supported by blockchain technology.In the value level of evidence law,it can effectively clarify the facts of complex cases,use a large amount of heterogeneous evidence to deal with cases,and improve the level of judicial handling.However,there are many problems in the current judicial review of blockchain evidence,such as not fully recognizing the particularity of blockchain evidence and not distinguishing the review rules of different types of electronic evidence.In addition,the excessive extremes in the acceptance of electronic evidence during the review,and the inconsistent standards and bases for certification are also emerging one after another.In this situation,how to change the authentication rules and legislative concepts of blockchain evidence review in civil litigation,standardize the blockchain electronic evidence review process,and solve the single means of blockchain evidence review are all issues worth discussing.The writing of the article is mainly discussed from three parts to solve the above problems.The first part of the article is intended to find out the legal basis behind the electronic evidence review from the connotation definition and hierarchical attributes of the blockchain electronic evidence review in our national lawsuit,and to elaborate the functions of the blockchain evidence review.The second part of the article examines the difficulties and obstacles existing in the current review of blockchain evidence through the review of specifications and the investigation and analysis of examples,and explores the root causes of the obstacles in its application in practice.In the last part,by combining the review rules of traditional electronic evidence with the relevant theories of civil procedure law,and taking the review of traditional electronic evidence’s evidentiary capacity and evidentiary power as the baseline,this thesis puts forward the way to optimize China’s blockchain evidence review,and reconstructs the legal review mode under the framework of technical proof.First of all,in the judicial authentication rules reviewed by the court,we should implement the rules of the distribution of burden of proof and the review rules of presumption and rebuttal elements,establish the review rules of judge’s evaluation of evidence as "thorough" and clarify the review obligations of judicial personnel and auxiliary personnel.Secondly,on the adaptation of the rules of evidence capacity review,different types of electronic evidence are distinguished and different review modes are applied.Finally,it puts forward the supporting system construction of the rules for the examination of the probative force,including the establishment of the mutual confirmation system of false and real evidence,in order to solve the situation that the courts examine the probative force of electronic evidence differently.Through the establishment and application of the above rules,this thesis provides some feasible reference suggestions and Countermeasures for the review of blockchain evidence in China’s civil action,in order to promote the systematic construction of China’s electronic evidence review rules.