Research On The Authenticity Determination Of Blockchain Evidence

In recent years,with the deep integration of technology and justice,blockchain evidence began to be widely used in litigation,and on May 25,2022,the Supreme People’s Court issued the Opinions of the Supreme People’s Court on Strengthening the Judicial Application of Blockchain,and pointed out that in recent years,the people’s courts have aggressively promoted the application of blockchain technology in the judicial field and built the blockchain platform of the people’s courts,and at present,as many as 2.2 billion pieces of evidence data have been uploaded to the judicial blockchain.At the same time,in the process of depositing and applying blockchain evidence,the determination of the authenticity of the evidence is of paramount importance,and in this process,due to the complexity of the technology,there are different standards of determination in the academia and many problems in judicial practice,which makes the determination of the authenticity of the blockchain evidence also has room for further supplementation and refinement,therefore,it is necessary to clarify and specify Therefore,it is necessary to clarify the difficulties in determining the authenticity of blockchain evidence,so as to overcome the characteristics of fragile and easily tampered electronic evidence and make the court trial more up-to-date and adapt to the changes in technology.The article firstly starts from the typical cases of blockchain evidence determination,summarizes the focus of controversy and what legal problems exist in the determination of blockchain evidence authenticity,further analyzes the problems,elaborates the difficulties in the determination and the deep reasons behind,and on this basis,analyzes the current situation of the determination of blockchain evidence authenticity and the corresponding legislation and judicial problems,and summarizes and improves them.We will summarize and improve the situation,and propose corresponding solutions.In terms of legislation,blockchain electronic evidence authenticity rules and standards are missing,and the authenticity of the evidence before the chain cannot be specifically guaranteed;at the level of judicial practice,there is no distinction between the original and the copy of blockchain evidence,which leads to different determinations,and the third-party depository platform is difficult to maintain neutrality and is involved in the interests of the parties,making it difficult to recognize the authenticity of the evidence.Therefore,the article puts forward the following suggestions for the determination of authenticity of blockchain evidence in response to the above-mentioned problems,firstly,to provide guidance in legislation,improve the legal system of authenticity determination and the rules of authentication,including unifying the review standards of the third-party platform,clarifying the review rules before the evidence is uploaded on the chain,and establishing the rules of authenticity verification to further maintain the authenticity of blockchain evidence from the source: at the level of judicial practice,judges In the judicial practice level,judges must review blockchain evidence in accordance with the process of evidence collection,evidence presentation,cross-examination and authentication,and start from the original attributes of blockchain evidence,forensic environment and objectivity of the deposition process,i.e.,firstly,clarify the original attributes of blockchain evidence,and make a determination that each node evidence is equivalent to the original,and at the same time,introduce a regulatory model to ensure a clean and reliable forensic environment,and in order to improve the review efficiency of blockchain evidence,it is recommended to distinguish In order to improve the review efficiency of blockchain evidence,it is suggested to distinguish the review standards of judicial union chain and ordinary blockchain in order to improve judicial efficiency and save judicial cost.