Practical Problems,Causes And Solutions Of Block Chain Electronic Storage

With the continuous development of information technology,human activities in the Internet field become more and more frequent,coupled with the continuous popularization and promotion of online litigation and intelligent litigation,traditional forms of evidence are gradually replaced by new electronic evidence.However,electronic data evidence has many difficulties in judicial credibility due to its traceless modification.It is always difficult to complete the transformation from legal independence to substantive independence.As a cryptography storage scheme,the imtamability and traceability of blockchain are naturally in line with the judicial demand for electronic data evidence.The technical proof concept contained in blockchain makes it possible to authenticate electronic evidence without notarization or judicial authentication.Since 2018,Hangzhou Internet Court admitted for the first time the reliability of using blockchain technology to store electronic data,Blockchain electronic depository has been recognized by law in many judicial interpretations and is also widely used in judicial practice,which has greatly improved the adoption and credibility of electronic data.However,the current blockchain electronic depository is still an unfinished institutional design.In the process of the evidence depository shifting from the state-trusted legal mode to the technical self-certification mode,the generally optimistic practical application has covered up the triple hidden dangers of the subject,technology and judicial application of blockchain electronic depository: Firstly,at present,data storage by means of commercial blockchain electronic depository institutions has become the main scheme of blockchain electronic depository institutions.Compared with notary organs and judicial appraisal organs with statutory functions,there is still a gap in the pre-examination and management mode of electronic data depository institutions.Neither the technical ability nor the neutrality of the depositary institution can be guaranteed,which makes the judicial identification of electronic depositary very difficult.Secondly,the storage scheme based on the incomplete decentralized "alliance chain" technology of the existing block chain electronic depository is technically different from the reliability of the evidence storage anchored by the bitcoin system in the first case of "block chain depository" judged by Hangzhou Internet Court.In terms of effectiveness,the guarantee effect of the previous mode of electronic data notarization on the process of evidence collection cannot be realized.Third,the concept of technical proof contained in the electronic certificate of blockchain implies the requirement of "technology to prove technology".The high technology of blockchain has caused the technical discrimination and technical gap in judicial practice,which has caused the destruction of the rights of the parties and also caused the dilemma of judicial determination.Therefore,based on the practical characteristics of blockchain electronic certificate,this paper analyzes the platform management mode,technical scheme and the design of relevant evidence rules of blockchain electronic certificate,and believes that it is necessary to further complete the platform management of blockchain electronic certificate,the evidence review and the evidence system of burden of proof allocation in the technical regulation and judicial application of blockchain.To promote the legal development of block chain electronic depository.