| Blockchain evidence refers to all evidentiary materials based on blockchain technology, which can be divided into blockchain-generated evidence, blockchain-stored evidence and blockchain-verified evidence. Based on this cutting-edge technology, blockchain evidence has unique values in clarifying the facts of complex cases, analyzing large amounts of heterogeneous digital evidence and promoting the development of intelligent judicial system. In adopting related legal rules, China should adopt a rational attitude towards the blockchain evidence, adhere to the principles of non-discriminatory treatment and deferential classification, and focus on the issue of authenticity. Technological characteristics such as hash verification, time locking and node verification have greatly enhanced the veracity of blockchain evidence, which can not only guarantee the verification of data after entering the chain, but also optimize the verification of the data before entering the chain. Based on the above two advantages and the existing authenticity rules of electronic evidence, China should review the legislative defects in the Rules of Online Litigation of People's Courts, explore and draw on comparative experiences, and make rules on the judicial cognition and presumption of the veracity of blockchain evidence. |
京公网安备11010102006664号 京ICP备2023015853号