The type of type and judicial function of the blockchain deposit certificate
August 26, 2020 09:19 Source: "China Social Sciences", August 26, 2020, No. 1997 Author: Chen Weixing

my country's "Data Security Law" (draft) just released a few days ago,Evaluation of national data security risk on the top -level design、Report、Information sharing、Monitoring and early warning mechanism。The major data security value contained in the blockchain system that is difficult to be cracked so far,Its multiple nodes participation and asymmetric plus algorithm,To reduce the development of data security risk and government information sharing and development,Provide the data sharing mode of multiple participants; no decentralized consensus of the user's upper limit and the expansion of the commercial application scenario under smart contract,To ensure data utilization and development of the information industry under data security,Provides technical solutions with good business and capacity。Where,Using the most mature blockchain certificate system,The technical mode of very different from general data storage and data security,Breaking the regulatory range based on electronic data -related laws,and presented the technical characteristics that I have confirmed by me,That is, comparable and traceability in the technical structure,Constructing a closed -loop system from previous data generation to post -data test。But,Differences of complex technology of blockchain deposit certificate,Especially based on the hash number conversion method based on encryption and simplified targets,and Merkel tree technology structure applicable to establish the chain time,Discarded electronic data before entering the chain and the loss of original data after entering the chain,Urgently needs to be used for certification technology type recognition and application scenario segment,The legality of the evaluation of the physical law of the certificate of the certificate and bet365 best casino games the authenticity of the evaluation of the procedure law。

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The Supreme People's Court will recognize blockchain identification as evidence collection、Technical means of fixed and tampering,To a large extent, the legality of the use of the blockchain deposit certificate,It also pointed out the certification direction based on "authenticity proof",Benefits for the useful attempts to conduct forward -looking trial legislations in my country。The above provisions actually indicate the blockchain deposit certificate of the existing judicial institute,Setting it with the scene simply in the blockchain evidence preservation program,and position it as the evidence -based functional device for post -event relief。The balance chain established by the three major Internet courts in my country、Judicial blockchain and Netcom chain is the application result of the positioning of this electronic deposit certificate,It has also become the basic scene of the most obvious blockchain deposit certificate。

Although the technical principles of the certificate are different,But the type of blockchain deposit certificate has the main chain、Private Chain、The division of the alliance chain and the side chain。It is generally identified based on whether the system anchor Bitcoin: the main chain is the Bitcoin system。The side chain is anchoring Bitcoin in the application chain to obtain the non -tampered feature,Application chain intelligent contract to meet complex reality application design。The private chain is built by the blockchain system independent of Bitcoin,Special purpose with a dedicated agreement。Alliance Chain has upgraded the private chain,Similar to judicial appraisal centers、Notarization agencies and even dispute resolution agencies (such as courts) as important nodes,To enhance the credibility of the alliance chain。Due to the expansion of smart contracts,Alliance chain and side chains have greatly enriched the use scene of blockchain bet365 best casino games technology,Its certificate itself can not only become the carrier of the transaction,Therefore, the function of self -execution。Alibaba's blockchain music technology and Kodak's picture copyright blockchain transaction, etc.,is the storage of the blockchain、Payment and tracking piracy and other functions for system integration。Electronic data deposit certificate generated by this type of blockchain system,Not only the content of the copyright work itself,You can also use the preset agreement to design the transaction process with the token (token) payment,Complete the relevant format contract conclusion and performance。

This new composite scene,Obviously it is the existing Internet judicial interpretation of the blockchain certificate.,You need to get to the contract、Finance and other composite physical legal systems for legality recognition。On the one hand,Smart contracts with self -execution functions,The legitimacy of the subject identity and preset content of the contract,The regulation of the format contract and obtain its legitimacy; on the other hand,,To tokens for the workload mechanism of the blockchain system,It must be further specific in the provisions of the authority of civil law,The legal status of solving the tokens as a special virtual property,Electronic data that distinguishes with unique uniqueness,and provide legitimacy for it。

 Problems of blockchain deposit certificate based on evidence -based authenticity

Code -based blockchain technical principles,The technical standards and certification agency qualifications pointed to the "Crypto Law" can be transformed by the legal significance.,To enter the electronic data in the blockchain system to establish authenticity。But,Blockchain use scenes connecting real life and code space,It is necessary to further solve the legal evaluation before the external electronic data enter the chain,can the connection behavior on the blockchain be established on the blockchain to obtain legal recognition and execution,Realize the Bet365 lotto review effectiveness of programming from virtual to "real life"。

Take the copyright field as an example,Electronic data Entering chain Connection issues involve the two major scenes of confirmation data entry chain and infringing data into the chain。Confirmation of the chain,refers to the formation of confirmation vouchers through the blockchain system after the formation of legal rights,This requires the relevant blockchain system to have the right to form the right to form and the evidence function confirmation。Its copyright enters the chain,The subject of the right of rights is confirmed by the relevant subject,Upload the creation work to the blockchain system and convert it to a huh value,To obtain a right certificate contained in the start time and rights information issued by the platform。Infringement into the chain,then according to the instructions of the right holder,The presets of evidence collection software procedures in the blockchain system,It will obtain relevant infringing electronic data in accordance with the requirements of the fixed certificate,and convert the data to hash value before going to the chain。Platform certificate content includes the blockchain spoon of the "original" electronic data and certificate deposit of the "original" electronic data,Activity and infringement time recognition for subsequent disputes。

For this,A common blockchain adoption evidence benchmark,Need to meet the authenticity requirements of the electronic evidence of the certificate before entering the chain。From the point of view of confirmation,It has adopted the idea of ​​sucking solution,The content of the right to enter the chain is to be delivered to the right holder。Determine the core of this blockchain,It is equivalent to the equivalent of the right holder and actual right holder。This proof route,A simple certificate can be given from the CA certificate or subject identity of the representative node user identity or the subject identity identity of the certificate.。From the bet365 live casino games point of view of infringement,The automatic execution mechanism after using the right holder's instruction,It is a technical logic that performs the law through the "code",Avoid human intervention to the greatest extent,Make sure the objectivity of evidence and data。Certificate of minimalist certification for the blockchain certificate,To avoid the cumbersome procedure of the appraisal opinions to avoid separate appraisal opinions,During the court, the court directly retrieved the comparison of the albato information hash and the on -chain Higa value,To identify bet365 best casino games the authenticity of the facts to be proved。Similar,The notarization agency relying on the above judicial certificate blockchain、Notarization or appraisal information issued by key nodes such as the appraisal center,You can also be under the traditional electronic evidence certification framework,Certificate of completion of the evidence of the chain。,The front -end review mechanism that should be established before entering the chain,Discover the early archive node in the life cycle of the electronic document。

  Judicial blockchain deposit certificate under technical governance

In the context of technicalistism,The construction of the Smart Court enables the court to change the humble role of the back of its pocket,Evidence fixed participants at the beginning of the formation of legal relations。The entity is for the judicial blockchain led by the Internet court,Docking the self -execution mechanism of small financial banks such as Weizhong Bank,Code control of contract performance through smart contracts,It is a revealing of a strong technicalist; procedure is as directed by the dispute -oriented resolution and empowerment tools discussed in this article,Its activation also simplifies the processing procedures for the parties to obtain evidence,In fact, the traditional function of the court is activated at the technical governance level。

From its essence,,Blockchain Electronic Evidence Stock Examination as a tool for litigation certification,bet365 Play online games Empowerment to the court in the data age,The dimension selection of the dimension of the court's "notarization function" and "preservation preparation"。If the former,Notarization functions in the mainland law department to attribute to the court,Prevention functions of dispute,But the evaluation of the scope of the scope of the trial rights of the court's organization law,There are also different explanations of expansion and continuity。In a broad sense, it can be regarded as a reasonable extension of the court's trial function,Logic with similar mediation to pre -litigation,Expansion of the security function of evidence。Ru according to the narrow sense,Then the court should seek renewal of legitimacy of the special treatment of pre -litigation evidence,That is, after the preparatory procedure of the pre -litigation evidence is completed,If the parties have not implemented a prosecution,Then the preserved evidence preserved in the court still has evidence effect but not affected。Preservation functions have the continuation of the pre -preparation regulations on the pre -preparation of the civil law law,That is, before the court obtains the case of the party's case,and the launch of the "non -complaint" evidence preservation based on the party's application。If you do not ignore the principle of "ignoring",It means the return of the evidence preservation function to the return of notarization functions to the court。In view of the constitutional attributes confirmed by the court's courts and judicial humility,More reasonable empowerment route,It should be out of the court's leading blockchain deposit certificate,Follow the standardized explanation of the certification function of the evidence of the blockchain certificate,To solve the problem of local legitimacy of unveiled or notarized or preservation。At this time,The court will no longer be an important node for the blockchain certificate system,and only have the permissions involving the certificate involving the certificate Bet365 app download involved from the blockchain system after the case is filed.,It is also exempted from the data security law of the Data Security Law.,and avoid excessive involvement in the deposit certificate and cause the judicial neutral loss。

(This article is the Study of the Rules of Interactive Property Litigation Evidence Laws (15BFX136) in the State Social Science Fund project (15BFX136)

(The author is a professor at the School of Law of Huaqiao University)

Editor in charge: Cui Cen
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