Beijing Judicial blockchain recognized by supreme law

1. In 2020, with the promotion of online litigation mechanism and the promotion of the application of blockchain electronic evidence by Internet courts, the number of cases involving blockchain electronic evidence will increase significantly. First line Internet companies and leading enterprises in various instries generally use blockchain electronic evidence service in daily legal work because of their sensitivity to new technologies. The Supreme People's court has set up 14 major topics, among which the research group of "Research on electronic litigation rules in the Internet Era" focuses on "basic principles of electronic litigation; The conditions, scope and methods of online case filing, online court hearing and electronic service; In order to provide suggestions for the supreme legal system to formulate judicial policy and issue judicial interpretation, we should study and form a complete and systematic draft of electronic litigation rules
since 2018, with the establishment of the Internet court and the development of electronic evidence platform institutions following the development of blockchain technology, and with the development and improvement of alliance chain technology, some innovative electronic evidence platform enterprises have taken the lead in applying blockchain technology to the field of electronic evidence, such as blockchain electronic evidence platforms such as easy security
easy preservation has been included in the "typical cases of blockchain electronic evidence platform" by the supreme law research group, which indicates that the blockchain technology and access evidence of easy preservation are widely recognized by the judiciary. Before that, easy security has been included in the "typical cases of blockchain intellectual property rights" by the Inner Mongolia high court and Wuxi intermediate people's court, selected in the "typical cases of blockchain platform" by the law experts' lecture hall, and selected in the "2020 China blockchain enterprise investment map" by the China business intelligence network, and its actual qualification has been recognized
blockchain electronic evidence is by no means a simple legal logic and theoretical framework of "using blockchain technology is blockchain electronic evidence". Only by using blockchain technology to ensure the authenticity, legitimacy and relevance of electronic evidence before, ring and after the chain, can we ensure the conversion of ordinary electronic data into judicial credible blockchain electronic evidence
at the technical level, blockchain, CA, time stamp, encryption algorithm and other technologies are used to authenticate the real name of platform users, and block chain store the user's signed data, so as to form a full evidence chain recording the key details of the whole process, and generate tamperable hash encrypted files, so as to ensure the authenticity and reliability of the data before being chained and the integrity of the data when being chained
after being linked, easy security stores relevant data synchronously on the servers of notary office, Arbitration Commission, Internet court, right protection center, judicial appraisal institute and other institutions through the open platform of security chain; It can also conct visual blockchain inspection on the official websites of notary office, Arbitration Commission, judicial appraisal institute, Capital Intellectual Property Association, etc. Ensure that the whole process can be traced, the whole data can be verified, and the whole link can be trusted.

2. On September 7, 2018, the Supreme People's Court of China announced the provisions of the Supreme People's Court on Several Issues concerning the trial of cases on the Internet (hereinafter referred to as the provisions). Article 11 stipulates that: "the electronic data submitted by the parties shall be collected through electronic signature, trusted time stamp, hash value verification, blockchain and other evidence If the authenticity can be proved by fixed and tamper proof technical means or by electronic forensics platform authentication, the Internet court shall confirm. " This is the first time that the Supreme People's court has made a judicial interpretation on the authenticity of electronic data deposited with blockchain technology, thus the legal effect of blockchain deposit has been confirmed
at present, a number of third-party right preservation platforms based on blockchain technology have emerged in China. The originator can use the electronic data provided by the platform as electronic evidence in case of right disputes.

3. In the whole life cycle of the generation, collection, transmission and storage of judicial electronic evidence, blockchain and its extension technology can provide security protection and prevent tampering of electronic data. Dien forensic center, the platform of SMIC blockchain, has reached cooperation. In case of disputes, enterprises can access the data, contract and other information stored in the certificate and directly generate the appraisal report.

4. At present, the market is a mixture of good and bad, but the better is the interstellar cloud, with good security.

5. The public platform of Hunan SMIC blockchain has also been applied in government affairs publicity, intellectual property protection, judicial authentication, human resource management, project declaration, etc.

6. Paper money is definitely virtual capital, but currency is not virtual currency. The currency of political economy is valuable real metal currency, while the paper currency is only a value symbol, which can be regarded as virtual capital with the stock

7. Electronic contract is recognized by law
for example, the contract law, the electronic signature law, the civil procere law and the civil code, which will be formally implemented on January 1, 2021, all recognize the legal effect of the electronic contract.

8.

On December 4, the Supreme People's Court issued the white paper "Internet justice in Chinese courts", which simultaneously released typical cases of Internet justice. It reflects the initial establishment of the domestic Internet judicial system framework, the initial formation of scale effect, and the graal emergence of reform results

among them, "electronic signature" and "blockchain electronic deposit" are directly named as one of the typical cases of "Innovating the mechanism of Internet justice for the convenience of the people" and "improving the mechanism of Internet justice online litigation" respectively

currently, The overall development of Internet justice presents four characteristics:

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the application field is expanded from judicial openness to the whole process and all-round development

the platform carrier is extended from a single dimension to diversified systematization

the litigation mode is changed from linear closed to integrated open intelligence

the focus of work is changed from mechanism innovation to promoting the rule of law

< / UL > < P > in Among the details of the above key points, the contents strongly related to electronic signature, such as judicial document network, judicial informatization, electronic evidence, blockchain, Internet court, etc., are mentioned

As a typical carrier of electronic evidence, electronic contract has been more and more widely used in the trend of judicial informatization

e to its intangible, hidden, destructive, wide range and large number of people, Internet business risk is lack of effective risk resolution and dispute resolution

after years of accumulation, Internet business risk has become a problem that can not be underestimated, and the impact and damage caused by the risks in various instries can be seen. However, the mechanization mode of moving the traditional offline judicial disposal directly to the online one has been unable to deal with the increasing civil disputes on the Internet

it has become an urgent task for the Internet legal system to realize its own value at the present stage to carry out systematic technical transformation of judicial disposal methods to apply to the Internet ecosystem

"real hammer" security system has completed the shaping of online judicial disposal channel on the basis of our platform's electronic contract system, providing integrated solutions for Internet business disputes in the vertical field of judicial services, and providing the most efficient electronic evidence preservation and judicial disposal services for users within the scope of compliance

9. The judicial interpretation of the higher people's court can only be applied to the courts under its jurisdiction, and the judicial interpretation of the Beijing Municipal High Court can only guide the people's courts in Beijing.

10. Since 2020, blockchain technology is graally moving from concept to implementation, with multiple application scenarios blooming. Commodity traceability, supply chain finance, electronic license, right protection and so on are all popular applications of blockchain. In 2021, related instries involving credit reference, digital assets and data traceability will accelerate the use of blockchain technology and benefit from it
the work report of the Supreme People's court proposes to open the judicial blockchain platform, support online right owners to upload works and save evidence, and prevent and punish online plagiarism. The data stored in blockchain technology can not be tampered with, especially suitable for network right protection. Making good use of the powerful tool of judicial blockchain and exposing the original form of "Wen Chao Gong" will effectively solve the problem of prevention and control of network plagiarism, and help to create a creative environment that respects originality and advocates innovation
since 2018, with the establishment of the Internet court and the development of electronic evidence platform institutions following the blockchain technology, and with the development and improvement of alliance chain technology, some innovative electronic evidence platform enterprises have taken the lead in applying blockchain technology to the field of electronic evidence The authenticity, legitimacy and relevance from the time of being on the chain to the time of being on the chain. At the technical level, blockchain, CA, timestamp, encryption algorithm and other technologies are used to authenticate the real name of the platform users, and block chain store the user's signed data, so as to form a full evidence chain recording the key details of the whole process, and generate tamper proof hash encrypted files, so as to ensure the authenticity and reliability of the data before being linked and the integrity of the data when being linked.