区块链司法存证与民事电子版证据的区别,区块链司法存证与民事电子版证据不一致

区块链司法存证与民事电子版证据的区别，让我们来看看三个相关的关键词：区块链技术、司法存证、民事电子版证据。

区块链技术是一种分布式账本技术，是一种基于密码学的数据存储和管理技术。它是由一系列由用户生成的数据块组成的一个分布式数据库，这些数据块是通过密码学算法连接起来的，并通过共识机制进行安全管理，从而形成了一个安全、可信赖的数据库。

司法存证是指在司法诉讼中，将证据通过司法机关或者司法认可的第三方机构进行存证，以便在诉讼中证明某事实或者某种关系的一种证据保全措施。司法存证的主要特点是可靠性强，可以有效避免证据消失、被篡改等问题，从而保证诉讼的公平性和公正性。

民事电子版证据是指通过电子设备记录、存储或传输的证据，包括电子邮件、短信、网络文本记录、图片、视频等。民事电子版证据与传统的纸质证据相比，有记录精确、传输快捷、存档方便等优点，可以有效提高司法效率，但由于安全性较弱，容易受到篡改和破坏，因此不能作为法律上确凿的证据。

从上面的介绍中可以看出，区块链技术、司法存证和民事电子版证据各有优势，在司法诉讼中都可以发挥其特有的作用，但是它们之间也存在着明显的区别，司法存证是以区块链技术为基础的，可以有效防止证据消失、被篡改等问题，而民事电子版证据由于安全性较弱，不能作为法律上确凿的证据。

Ⅰ What are the conclusions of the Supreme Court on the judicial application of blockchain electronic evidence

In 2020, with the promotion of online litigation mechanisms and the application of blockchain electronic evidence by Internet courts With the promotion of blockchain technology, the number of legal cases involving blockchain electronic evidence has increased significantly. First-line Internet companies and leading enterprises in various industries generally use blockchain electronic evidence services in daily legal work due to their sensitivity to new technologies. The Supreme People's Court has set up a total of 14 major topics. Among them, the "Research on Electronic Litigation Rules in the Internet Era" research group focuses on "the basic principles of electronic litigation; the conditions, scope and methods of online case filing, online hearing, and electronic service; electronic "The effectiveness of chemical materials and the standards for the validity of judgments" and other major issues, research and form a complete and systematic draft of electronic litigation rules, and provide suggestions for the Supreme People's Court to formulate judicial policies and issue judicial interpretations.
Since 2018, with the establishment of Internet courts and electronic evidence platform institutions closely following the development of blockchain technology, and with the development and improvement of alliance chain technology, some innovative electronic evidence platform companies have taken the lead in applying blockchain technology. In the field of electronic evidence, such as blockchain electronic evidence platforms such as Yibaoquan.
Yibaoquan was included in the "Typical Cases of Blockchain Electronic Evidence Platform" by the Supreme People's Court's research team, indicating that Yibaoquan's blockchain technology and evidence storage and collection are widely recognized by the judiciary. Prior to this, Yibaoquan had been included in the "Blockchain Intellectual Property Typical Cases" by the Inner Mongolia High Court and the Wuxi Intermediate People's Court, selected as a "Blockchain Platform Typical Case" by the Lecture Hall of Legal Experts, and selected by the China Business Intelligence Network "2020 China Blockchain Enterprise Investment Map", its qualifications and strength are highly 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, legality and relevance of electronic evidence before, during and after it is uploaded to the chain can ordinary electronic data be converted into judicially credible blockchain electronic evidence.
At the technical level, technologies such as blockchain, CA, timestamps, and encryption algorithms are used to authenticate platform users in real-name ways, and to store user-signed data on the blockchain to form a comprehensive database that records key details of the entire process. The evidence chain generates a HASH encrypted file that cannot be tampered with, thereby ensuring the authenticity and reliability of the data before it is uploaded to the chain and the integrity of the data when it is uploaded to the chain.
After being uploaded to the chain, Yibaoquan will synchronize and store relevant data on the servers of notary offices, arbitration committees, Internet courts, copyright protection centers, forensic laboratories and other institutions through the open platform of the preservation chain; it can also be stored in notary offices, The official websites of the Arbitration Commission, the Judicial Appraisal Institute, and the Capital Intellectual Property Association conduct visual blockchain inspections. Ensure that the entire process is traceable, all data is verifiable, and all links are credible.

II Blockchain electronic evidence storage technology, what is the future development?

With the rapid development of the digital economy, evidence is gradually entering the era of electronic evidence, showing a large number and rapid growth. , high proportion, wide variety and other trends. Although electronic data storage has become increasingly popularHowever, the use of electronic evidence in judicial practice still faces challenges, such as insufficient anti-tampering capabilities. In 2018, the Supreme People's Court issued regulations on several issues concerning the trial of cases in Internet courts, clarifying that blockchain and other technical means can be used to solve the problem of electronic data storage.

The white paper shows that electronic data storage is an important potential application area of ​​blockchain technology. Blockchain technology has the characteristics of preventing tampering, leaving traces during the incident, post-auditing, and security protection, which is conducive to improving the credibility and authenticity of electronic evidence. The combination of blockchain and electronic data storage can reduce the cost of electronic data storage and facilitate the identification of electronic data evidence.

Ⅲ How to implement blockchain electronic certificates

Blockchain technology has the characteristics of decentralization, non-tampering, and timestamp certification. In terms of characteristics, it is naturally in line with the requirements of electronic data. Evidence storage requirements. The combination of blockchain and electronic data storage can reduce the cost of electronic data storage, facilitate the identification of electronic data evidence, and improve litigation efficiency in the field of judicial storage. Blockchain certificates can store data consistently, prevent tampering, and prevent repudiation, and use cryptography to ensure the security of data transmission and access. Crypto Finance mimacaijing focuses on blockchain information.

IV How is blockchain technology related to electronic evidence?

The unique characteristics of blockchain technology such as non-tampering, non-repudiation, and multi-party participation are closely related to the characteristics of electronic data storage. The needs fit naturally. Electronic data storage is an important potential application area of ​​blockchain technology.

Faced with the growing demand for electronic data storage, traditional evidence storage methods have gradually revealed shortcomings such as high cost, low efficiency, and difficulty in acceptance. In addition, in judicial practice, parties generally lack the ability to produce evidence, and the quality of electronic evidence submitted to the court is poor. There are a lot of problems such as improper evidence collection procedures, incomplete evidence, and poor pointing to the facts of the case, which directly affect the use of electronic evidence in litigation. Acceptance ratio.

The combination of blockchain and electronic data storage can reduce the cost of electronic data storage, facilitate the identification of electronic data evidence, and improve the efficiency of litigation in the field of judicial storage.

Therefore, we have been committed to integrating blockchain technology into products to provide users with financial-level security: for example, by uniting multiple parties (including forensic appraisal centers) to jointly establish a judicial certificate chain to achieve decentralization The evidence can be permanently solidified and preserved while simplifying the traditional evidence collection and issuance process. That is, distributed blockchain evidence storage technology is used to ensure that contract evidence is not tampered with.

IV How blockchain technology can transform electronic data into legal and effective electronic evidence

With the rapid development of the Internet and information technology, a large amount of evidence in litigation is gradually stored in electronic data Presented in the form of evidence, with the help of blockchain technology, in judicial practice, how to overcome the natural defects of electronic data that are "difficult to obtain evidence, easy to lose, and easy to forge" and ensure that it can be used as evidence in court?
Blockchain is based on technical features such as multi-party consensus, non-tampering, transparency and traceability, and can effectivelySolve the problems of electronic evidence such as "large quantity, scattered evidence, difficulty in obtaining evidence, easy to be tampered with, and difficult to identify", realize the transformation of "electronic data" into "legal and effective electronic evidence", facilitate the identification of evidence of electronic data, and improve the field of judicial evidence storage litigation efficiency.
On September 3, 2018, the Supreme People's Court issued the "Regulations on Several Issues Concerning the Trial of Cases by Internet Courts" which for the first time determined that on-chain data can be used as a basis for judicial admission.
On May 18, 2021, the Supreme People's Court issued the "People's Court Online Litigation Rules" and came into effect on August 1. For the first time, it stipulated the scope of validity of blockchain evidence and clarified the scope of blockchain storage. After the data is uploaded to the chain, it is presumed to be valid without tampering. At the same time, the authenticity review rules for blockchain storage data after and before they are uploaded to the chain have been established.
This not only promotes the integration of blockchain technology and litigation rules, but also opens up the development path of the blockchain judicial model.
Yibaoquan is one of the first companies to register for blockchain information services through the Cyberspace Administration of China. It uses self-developed security chain technology to build a consortium chain, and combines blockchain with justice to build a data storage system. The notarization system can well solve the credibility problem of the entire chain of electronic data from generation and storage to notarization and proof:
When uploading to the chain, blockchain technology is used to store the data in advance with multiple parties. , to ensure the originality and integrity of the evidence-stored data; after being uploaded to the chain, the data is synchronized with each node on the alliance chain for backup and retention, ensuring the credibility and security of the data; during litigation, the evidence can be verified at multiple judicial nodes , extraction, and relevant judicial documents can also be issued online, effectively improving the efficiency of rights protection.

VI How to transform electronic data into legal and effective electronic evidence

With the rapid development of the Internet and information technology, a large amount of evidence in litigation is gradually presented in the form of electronic data storage. With the help of In judicial practice, how can blockchain technology overcome the natural shortcomings of electronic data that are "difficult to obtain evidence, easy to lose, and easy to forge" and ensure that it can be used as evidence in court?
Blockchain is based on technical features such as multi-party consensus, non-tampering, transparency and traceability, which can effectively solve the problems of electronic evidence such as "large quantity, scattered evidence, difficulty in obtaining evidence, easy to be tampered, and difficult to identify", and realize "electronic data "Transforming to "legal and effective electronic evidence" will facilitate the identification of electronic data evidence and improve litigation efficiency in the field of judicial evidence storage.
Yibaoquan is one of the first companies to register for blockchain information services through the Cyberspace Administration of China. It uses self-developed security chain technology to build a consortium chain, and combines blockchain with justice to build a data storage system. The notarization system can well solve the credibility problem of the entire chain of electronic data from generation and storage to notarization and proof:
When uploading to the chain, blockchain technology is used to store the data in advance with multiple parties. , to ensure the originality and integrity of the evidence-stored data; after being uploaded to the chain, the data is synchronized with each node on the alliance chain for backup and retention, ensuring the credibility and security of the data; during litigation, the evidence can be verified at multiple judicial nodes , extraction, and can also issue certificates onlinerelated judicial documents, effectively improving the efficiency of rights protection.
1. On-chain certificate storage: data is stored on the chain, and certificates are stored in advance
When data is uploaded to the chain, Yibaoquan uses encryption algorithms such as SM3 and SHA-512, timestamp services, and PBFT consensus algorithms to help Users store electronic data on the blockchain at the first time, use the full evidence chain to record key details of the entire process, generate HASH encrypted files that cannot be tampered with, and store data generation and solidification rules in advance to ensure the authenticity of the data on the chain. Originality and integrity, effectively tamper-proof.
2. Judicial evidence storage: improve the credibility of evidence storage data
Easy Baoquan uses blockchain technology to integrate CA institutions, Ministry of Industry and Information Technology, courts, notary offices, arbitration committees, copyright protection centers, judicial appraisal institutes, etc. Authoritative institutions are included in the "Security Chain Open Platform", and every electronic data uploaded by users can be synchronously stored in 20+ judicial node servers in real time, realizing the simultaneous storage of evidence at each node and multi-party backup of evidence to ensure the credibility and reliability of the data. safety!
3. Notarization and issuance of certificates: Issuance of relevant judicial documents online
Yibaoquan uses its own blockchain technology and judicial service capabilities to allow users to complete online copyright registration and online registration through the Internet without leaving home. Notarized identification. Help users to issue easy evidence certificates, notarial deeds, notarized custody letters, copyright certificates, etc. online anytime and anywhere to improve the legal effect of evidence.
4. Produce evidence: Provide evidence in court, and the evidence is irrefutable
Users can quickly query the blockchain evidence information in real time on the official website of the 10+ authoritative institution nodes participating in the alliance, and conduct online evaluation of the evidence. Compare and verify, and by scanning the QR code on the "evidence certificate", you can directly show the blockchain evidence to the judge in court. Even if the other party has already deleted the evidence content, there is no denyability, which effectively improves the efficiency of case filing.

Ⅶ Micro-copyright screen recording evidence collection, blockchain on-chain storage, how to help the entire evidence chain to provide credible evidence

As "Internet +" is widely used in all walks of life, The issue of intellectual property protection in the Internet environment has become increasingly prominent. According to the China Judgment Documents Network, as of December 2022, as many as 74,560 judgment documents on "electronic evidence" can be retrieved. Electronic evidence has increasingly become an important weapon for safeguarding rights.
Article 11 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Cases in Internet Courts" clearly states: Early defense evidence collection, If its authenticity can be proven by fixed and tamper-proof technical means or through electronic evidence collection and storage platform certification, the Internet Court shall confirm it.
Microcopyright pioneered the "blockchain + judicial + intellectual property protection" model. It developed screen recording and evidence collection functions in response to frequent infringements on the Internet. , audio, chat records on social software, pictures, articles, etc.) to conduct screen recording and evidence collection as soon as possible, and use the area block chain technology to solidify and preserve the infringement content.Electronic data of copyrighted content generates electronic evidence that is undeniable and cannot be tampered with, making it easier to provide evidence and safeguard rights.

VIII How does blockchain technology ensure the authenticity of electronic evidence

We mainly apply blockchain technology to the field of distributed electronic data storage, including contract storage, Email storage, file storage, structured data storage, etc.

The specific manifestations of electronic evidence in judicial practice are becoming increasingly diverse, and the frequency of use and data volume of electronic data storage have increased significantly. Different types of electronic evidence are formed in different ways, but they generally have the characteristics of being easy to perish, easily tampered with, and highly dependent on technology. Compared with traditional physical evidence, it is more difficult to determine the authenticity, legality, and relevance of electronic evidence in judicial review. .

Blockchain technology can be used to securely protect electronic data, prevent tampering, and leave traces of data operations throughout the entire life cycle of electronic data generation, collection, transmission, and storage, thereby providing Provide effective means for review by relevant agencies. Blockchain technology is used to preserve electronic evidence, and the electronic data that needs to be deposited are recorded in the form of transactions, stamped with timestamps, and recorded in blocks, thereby completing the process of data preservation and evidence depositing. During the data storage process, multiple participating nodes jointly witness and jointly maintain a distributed ledger, thus greatly reducing the possibility of data loss, tampering, and attack. The combination of blockchain and electronic data storage can reduce the cost of electronic data storage, facilitate electronic data collection and evidence identification, and improve litigation efficiency in the field of judicial storage.

Ⅸ Blockchain electronic evidence effectiveness, how micro-copyright can use blockchain to empower intellectual property protection

The State Intellectual Property Office recognizes the effectiveness of blockchain electronic evidence, micro-copyright can provide district Blockchain rights verification, infringement monitoring, network evidence collection and other services fully empower intellectual property protection.
Ebaoquan's blockchain intellectual property protection platform - micro-copyright, micro-copyright can generate a unique digital fingerprint for the photography user's subject information, certificate storage time, certificate storage process and certificate storage content, and store it encrypted to the blockchain, and generate a global supervision summary, which is synchronized to the official websites of notary offices, arbitration committees and other institutions to accept public supervision inquiries. The digital fingerprint and global supervision summary will be recorded on the blockchain rights confirmation certificate.
At the same time, Micro Copyright can provide online copyright registration services. Users can apply online for copyright certificates issued by the Copyright Office through the official website of Micro Copyright, including paper copyright certificates and digital copyright certificates, which can be issued in as soon as 1 day. Help users save application costs, improve copyright registration efficiency, and quickly obtain evidence of work ownership as soon as possible.
In terms of infringement monitoring, micro-copyright uses fingerprint feature extraction and comparison technology, combined with web crawlers, cloud computing, big data analysis and other technologies to conduct 7*24-hour infringement monitoring on the entire network for pictures, text, videos and other works. Extract, clean, store and manage massive data, and automatically identify and determine which content involves plagiarism according to a certain algorithm. The crawling range is wider, the cost is lower and the efficiency is higher..
For the monitored content, Micro Copyright will analyze and sort the infringing objects, infringing works and infringement results, output the contact information, domain names and other data of the infringing objects, and automatically analyze and organize the infringing subjects to quickly locate the infringing subjects. Enterprises and law firms can assign relevant lawyers to follow up on rights protection based on the analysis content to improve the efficiency of rights protection.