Study On Electronic Data Identification Rules Of Third-Party Depository Platform

In recent years,as a new type of evidence preservation method,third-party evidence storage platform provides electronic data storage and evidence collection services for the parties relying on fixed and tamper proof technologies such as electronic signature,trusted timestamp and block chain,presenting a situation of "backward legislation and practice first".As more and more electronic data of third-party depository platforms appear in judicial practice,judges have great differences on whether the electronic data of third-party depository platforms have the qualification and probative power in the absence of unified and targeted identification rules and relevant professional knowledge.At the same time,due to the absence of the subject of administrative supervision and the lack of industry standards,the industry does not have strict supervision and standardized management,which also leads to the third-party electronic data storage has not been widely recognized.Current legislation on electronic data access card certification evidence there is a big loss,although the Supreme Court has issued relevant judicial explanation in "neutral third party platform" is not a word for the first time made clear block chain censorship rules,three by setting the access to the Internet court witness platform for exporting prospective recognition rules,unfortunately limited scope,The specific applicable rules and relevant systems are not perfect.In addition,it is necessary to strengthen the supervision of relevant administrative departments on the depositing and obtaining evidence of third-party depositing platforms,and establish and improve the corresponding supervision system.This paper will explore the identification of electronic data of the third-party depository platform in judicial practice.Starting from the basic theory of the third-party platform,it will introduce the concept,technical principle,operation mode and other aspects,and deeply analyze its legal nature and particularity different from electronic data.Comb through comparing the court by faith and not by a third party witness platform of electronic data reason and quoted of legal provisions,to explore the judicial practice in the substantive problems of identifying rules and procedural rules,as well as the problems resulting from lack of necessary administrative management,on the basis of that the electronic data should follow the principle of,Learn to learn from the Internet court exporting evidence rules and the development direction,further perfect the third party witness platform electronic data recognition rules and the adaptation of the administration of substantive and procedural rules,aimed at combining science,technology and legal practice,give full play to the third party witness platform in the electronic data in in fact prove to be card advantage,In order to make suggestions for judicial construction.