Research On Evidence Determination Rules Involving Blockchain Evidence

Nowadays,there are more and more disputes involving electronic evidence,but electronic evidence in the traditional sense uses a centralized storage mode,which makes it less secure and has a lower threshold for being forged and tampered,it has been questioned.In recent years,blockchain technology has emerged and has been continuously improved.It has unique characteristics of anti-tampering,decentralization and distributed storage,which can naturally make up for the disadvantage that electronic evidence is difficult to identify authenticity and apply blockchain technology to justice.It can be regarded as a beneficial exploration to improve the acceptance rate of traditional electronic evidence in our country.However,in view of the fact that the application of blockchain technology in our country’s electronic evidence industry is still in the initial exploratory stage,the supporting laws and regulations are still very imperfect,therefore,some problems will inevitably be faced in judicial practice,and judges will inevitably have differences of opinion when dealing with relevant cases.Through the retrieval and comparison of blockchain evidence storage cases,three typical cases that can reflect the relevant differences of judges in practice are selected as the basis for research.Starting from the specific situation of the case,it can be found that the differences in judgments related to blockchain evidence storage cases are mainly reflected in the type of evidence that the electronic data of blockchain evidence storage belongs to,how the third-party blockchain evidence storage platform examines,and how to review the authenticity of the electronic data stored in the blockchain on these three issues.The electronic data stored in the blockchain does not belong to an independent type of evidence,but is still electronic data in essence,it can be demonstrated from two aspects: the legislative intent of electronic data and the value orientation of avoiding the documentation of electronic data as much as possible.On the premise that the current law does not make specific regulations,the court can consider the neutrality and technicality of the platform when reviewing the blockchain certificate storage platform,and refine the relevant review methods.When reviewing the authenticity of the electronic data of the blockchain certificate,the electronic data of the blockchain certificate can be divided into two parts: "before entering the chain" and "after entering the chain" according to the time node,and we must pay attention to the review "before entering the chain".