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학술논문동아법학2022.11 발행

On the Construction of Technology -Embedded View of Authenticity of Blockchain Evidence

On the Construction of Technology -Embedded View of Authenticity of Blockchain Evidence

Zhu Fuyong(Southwestern University of Political Science and Law); Wang Yaduo(Southwest University of Political Science and Law)

97호, 159~184쪽

초록

The Online Litigation Rules for the People’s Courts define the “technical self-certification” attribute of blockchain evidence preservation, and recognize the presumption of authenticity of blockchain electronic evidence. However, in practice, the static and terminal use of blockchain technology and the inconsistent qualification standards of evidence preservation platforms have inhibited fact-finding process to a certain extent. From the perspective of technological evolution, this paper reviews the historical evolution process of view of authenticity of electronic evidence: pre- rational view of authenticity, rational view of authenticity,technology- assisted view of authenticity and proposes the technology-embedded view of authenticity with presumption of authenticity as the theoretical basis and judicial consortium blockchain as the technical support. In terms of institutional innovation, this paper adopts system interpretation and contextual interpretation to improve the original interpretation path of blockchain electronic evidence; integrates normative documents and unifies platform qualification review rules; strengthens expert manpower allocation and eliminates technical barriers. Based on the three aspects mentioned above, this research promotes the integration of science, technology and justice, and achieve high precision and efficiency of electronic evidence technology authentication in the era of intelligent justice, and to promote case disputes unveiling and fair justice.

Abstract

The Online Litigation Rules for the People’s Courts define the “technical self-certification” attribute of blockchain evidence preservation, and recognize the presumption of authenticity of blockchain electronic evidence. However, in practice, the static and terminal use of blockchain technology and the inconsistent qualification standards of evidence preservation platforms have inhibited fact-finding process to a certain extent. From the perspective of technological evolution, this paper reviews the historical evolution process of view of authenticity of electronic evidence: pre- rational view of authenticity, rational view of authenticity,technology- assisted view of authenticity and proposes the technology-embedded view of authenticity with presumption of authenticity as the theoretical basis and judicial consortium blockchain as the technical support. In terms of institutional innovation, this paper adopts system interpretation and contextual interpretation to improve the original interpretation path of blockchain electronic evidence; integrates normative documents and unifies platform qualification review rules; strengthens expert manpower allocation and eliminates technical barriers. Based on the three aspects mentioned above, this research promotes the integration of science, technology and justice, and achieve high precision and efficiency of electronic evidence technology authentication in the era of intelligent justice, and to promote case disputes unveiling and fair justice.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.31839/DALR.2022.11.97.159
분류:
법학

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On the Construction of Technology -Embedded View of Authenticity of Blockchain Evidence | 동아법학 2022 | AskLaw | 애스크로 AI