区块链技术在法学的应用论文,区块链技术在法学的应用有哪些
首先,让我们来看看区块链技术在法学中的应用。区块链技术是一种分布式的、具有去中心化特性的数据库技术。它可以被用来存储和管理数据,比如交易信息、财务信息、用户信息等,这些信息都可以用区块链技术来管理。在法学领域,区块链技术可以用来存储和管理法律文书,比如合同、法律文件等,这些文件都可以用区块链技术来管理。
其次,让我们来看看法律智能在法学中的应用。法律智能是一种基于人工智能技术的法律服务。它可以帮助律师和企业自动完成法律文书的制定、检查和审查,并且可以提供更准确、更及时的法律服务。法律智能也可以帮助政府实现法律管理的智能化,提高政府的法律服务效率。
最后,让我们来看看数字身份在法学中的应用。数字身份是一种基于数字技术的身份验证方式,它可以用来识别和认证某个个体的身份。在法学领域,数字身份可以用来识别和认证法律文书的真实性,以及法律文书的发起者的身份。这样可以有效地防止假冒伪劣的法律文书,减少法律纠纷,提高法律服务的效率和质量。
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What are the application prospects of blockchain?
The application prospects of blockchain are mainly in the financial field, the Internet of Things and logistics, public services, digital copyright, and insurance. field.
1. Blockchain has huge potential application prospects in financial fields such as international exchange, letters of credit, equity registration and stock exchanges. The application of blockchain technology in the financial industry can eliminate the need for third-party intermediaries and achieve direct point-to-point connection.
2. Blockchain can also be naturally combined in the Internet of Things and logistics fields. This field is considered to be a promising application direction of blockchain. Establishing credit resources in the blockchain can double improve the security of transactions and improve the convenience of IoT transactions. Save time and cost for smart logistics model applications.
3. Blockchain is closely related to people’s production and life in public management, energy, transportation and other fields. The decentralized and fully distributed DNS service provided by the blockchain can realize domain name query and resolution through point-to-point data transmission services between various nodes in the network.
4. Through blockchain technology, works can be authenticated, proving the existence of text, video, audio and other works, and ensuring the authenticity and uniqueness of ownership. After the rights of the work are confirmed on the blockchain, subsequent transactions will be recorded in real time, realizing full life cycle management of digital copyright, and can also be used as a technical guarantee in judicial evidence collection.
5. In terms of insurance claims, insurance institutions are responsible for fund collection, investment, and claims settlement, and often have high management and operating costs. Through the application of smart contracts, there is no need for the policy holder to apply or the insurance company to approve it. As long as the claim settlement conditions are triggered, the insurance policy can automatically settle claims.
(1) Extended reading on the application of blockchain technology in law:
The core technology of blockchain
1. The consensus mechanism completes the verification and confirmation of transactions in a short period of time through the voting of special nodes; for a transaction, if several nodes with unrelated interests can reach a consensus, it can be considered that the entire network can also reach a consensus on it. consensus. The goal of the blockchain consensus mechanism is to enable all honest nodes to maintain a consistent view of the blockchain.
2. Asymmetric encryption requires two keys for encryption and decryption. These two keys are the public key and the private key. The public key corresponds to the private key. When the public key is used in the encryption process of data, it can only be decrypted by using the corresponding private key. On the contrary, when the private key is used in encrypting the data, only the corresponding private key can be used to decrypt the data. Only the corresponding public key can be decrypted.
(ii) Can blockchain technology be applied in the judicial field?
On October 13, the Supreme People’s Court answered a question at a press conference on the “Effectiveness of the People’s Court’s Smart Court Construction Work” And: At present, there are more than 2.6 billion certificates stored on the People's Court blockchain platform, and application scenarios such as electronic evidence, electronic delivery storage verification, and tamper-proofing have been implemented. At the same time, the Supreme People’s Court focuses on promoting judicial blockchain storage verification.Break through the application of key technologies such as certificates, smart contracts, and cross-chain collaboration, and use blockchain technology to improve judicial credibility and efficiency!
Yibaoquan uses the technical characteristics of blockchain such as "decentralization, distributed storage, effective anti-tampering, full traceability, and traceability" to create a judicial blockchain evidence storage system to help notaries, arbitration committees, The Forensic Laboratory realizes the storage and solidification of the entire chain of electronic evidence, making the evidence verifiable, the process traceable, and the results credible. It improves the efficiency of judicial services, reduces judicial costs, and helps judicial services develop towards intelligence.
Zhongzhengbao, a brand of Yibaoquan, can build a one-stop Internet notarization system for notary offices. It uses the underlying technology of blockchain to solidify the key data uploaded by users in the notary office system and put it on the chain as evidence, which can be checked online in real time. , avoid disputes arising from the process of data uploading and storage, improve the legal quality and efficiency of notarization business data storage, and apply for online notarization services such as intellectual property rights and electronic contracts, and issue notarization certificates and notarization custody letters online. Effectively reduce the cost of notarization electronic data storage, facilitate the identification of electronic data evidence, and improve the litigation efficiency of notarization blockchain storage.
E-Baoquan can help forensic laboratories to be included in the Alliance Blockchain "Preservation Chain Open Platform" and become one of the member nodes, using the blockchain to be "decentralized, non-tamperable, full-process traceable, traceable", etc. Features: Put case information, case handling step information, appraisal opinion information and other data information on the chain, provide technical support for evidence preservation, enhance the accuracy, authenticity and traceability of forensic appraisal data, and at the same time, Realize the confirmation and preservation of digital assets, issue judicial appraisal custody letters online, conduct notarization and appraisal of blockchain data online, and improve the credibility of electronic evidence.
iii The world’s only large-scale high-performance commercial application-level public chain with its own basic traffic
Blockchain has been clearly included in the scope of the country’s new infrastructure, which means the revolution of blockchain It has truly arrived. All parts of the country are actively participating in the application of blockchain technology, promoting various industries to gradually "go on the chain". This is the result of the gradual highlighting of the advantages of blockchain technology. Specifically, blockchain technology has the characteristics of data storage such as non-tamperable and traceable data. It is a solution that combines decentralization to maintain the reliability of the database, changes the mode of data recording and sharing, and reduces information asymmetry between transaction parties. , low efficiency, it provides a technical foundation for all walks of life, increases mutual trust in transactions, and improves transaction efficiency.
Currently, blockchain technology across the country is only implemented in scenarios such as judicial certificate depository, government affairs management, people's livelihood services, food traceability, supply chain management, etc. Moreover, the blockchain technology industry has a weak technical foundation, and most of them Public chain projects only exist in the conceptual stage and cannot be truly implemented in commercial application scenarios. In order to establish a truly usable commercial-grade basic public chain, the GDS basic public chain came into being.
GDS is a universal global value network that can implement complex logic in various commercial and non-commercial environments. Its design principles include ease of use, practicalityStarting from the actual needs of different industries, it provides complete underlying support for global application developers, jointly builds a value system that links the world, promotes the country to show its talents in new infrastructure, industrial chain transformation, public services and other fields, and provides high-quality Quality development is gaining momentum.
GDS is a new generation of commercial-grade basic public chain, aiming to establish a trust network for value circulation, and is committed to creating a distributed business ecosystem with extensive digital trust, free circulation of value, and public sharing. If we redefine the blockchain, the entire chain network is a trusted network environment created through various cryptography, mathematics, law, economics and computer science, including trusted information transmission channels, storage space and sharing channels. Only by establishing a trusted network environment can information silos be truly broken and a trusted ecological environment be constructed to improve the quality of life.
The GDS public chain is expected to be launched globally on March 27, 2021. Its development technical team was developed by Russian Waves. This technical team was once recorded by Wikipedia as the third blockchain project technical team in history, after The DAO and Ethereum, and it is also a research and development team for professional blockchain underlying technology. The team's well-known cases include the Russian presidential election system, the well-known Russian banking system, the well-known Russian oil system, etc., and it is also a strategic partner of Microsoft, which shows the strength of the development team. The GDS public chain's community-based governance mechanism, consensus-based incentive model, and sharing-focused application ecology will create a new era of distributed commercial application ecology.
As party and state leaders attach great importance to blockchain, as an important part of new infrastructure and an important breakthrough for independent innovation of core technologies, the top-level design, special policies, and regulatory systems of blockchain must be It will be further improved and strengthened, and the blockchain will truly establish its status as information infrastructure, and at the same time evolve towards integrated infrastructure, comprehensively opening up a new pattern of blockchain development in our country.
㈣ How to make good use of judicial blockchain and eliminate "official copying"
Since 2020, blockchain technology is gradually moving from concept to implementation, with multiple application scenarios blooming and product traceability , supply chain finance, electronic certificates, copyright protection, etc. are all popular aspects of blockchain applications. In 2021, industries related to credit reporting, digital assets, data tracing and other aspects 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 to support online copyright holders in uploading works, preserving evidence, and preventing and punishing online plagiarism. Data stored in blockchain technology cannot be tampered with, and is particularly suitable for online copyright protection. Make good use of the judicial blockchain as a tool to expose the "official plagiarism", which will effectively solve the difficulties of preventing and controlling online plagiarism and help create a creative environment that respects originality and advocates innovation.
Since 2018, with the establishment of Internet courts and electronic evidence platform institutions closely following the development of blockchain technology,With the development and improvement of consortium chain technology, some innovative electronic evidence platform companies have taken the lead in applying blockchain technology to the field of electronic evidence
The Yibaoquan blockchain electronic evidence platform uses blockchain technology to ensure that electronic evidence is processed before being uploaded to the chain. Authenticity, legality, and relevance from the time it is put on the chain to after it is put on the chain. 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 certify user-signed data on the blockchain, thus forming a full evidence chain that records key details of the entire process and generates The HASH encrypted file cannot be tampered with to ensure the authenticity and reliability of the data before uploading to the chain and the integrity during uploading without being tampered with.
㈤ What impact does blockchain technology have on current laws?
The impact of blockchain technology on current laws mainly includes the following points:
p>1. Blockchain technology will impact the existing rules of property law. Article 2 of the current Property Rights Law stipulates that the property in this law includes movable property, immovable property and property rights stipulated by law. With the development of blockchain technology, information data, virtual property, digital currency or digital bills generated based on blockchain technology have challenged traditional property rights laws. It is difficult to determine their ownership under current property rights laws. Whether its ownership can be clarified in the future The ownership and implementation of transactions in the financial field are issues worth considering.
In addition, how to establish, change or eliminate the usufructuary rights and security rights of these virtual properties in the decentralized blockchain is also difficult to match the provisions of the current property rights law. In addition, if blockchain technology is used for property rights registration such as real estate, vehicles, ships, etc., it will also change the existing rules and methods of property rights registration. Future property rights laws need to sort out and clarify these issues.
2. Blockchain technology will reshape contract law. Smart contracts generated based on blockchain technology will change the rules of the current contract law. The way in which the intention of a smart contract is expressed will be greatly different from the way in which the parties to a contract enter into an expression of intention in the current contract law. Under what circumstances Issues such as consensus of intention and agreement need to be clarified in contract law. In addition, smart contracts can be automatically executed, or it can be said to replace human performance of contracts. Therefore, the relevant provisions of contract performance under the current contract law may no longer meet the needs of smart contracts, and the rules of contract law may need to be changed or even restructured. Plastic.
3. Blockchain technology may lead to changes in corporate law rules. The application of blockchain technology in company industrial and commercial registration will help simplify the company's industrial and commercial registration process and improve its reliability. The application of smart contracts will lead to the de-manualization of equity changes. The election of company shareholders and directors as well as the resolutions of shareholders' meetings and board of directors can also be written into the blockchain for reliable records. The company law needs to confirm the effectiveness of using blockchain technology for industrial and commercial registration and recording company resolutions.
4. The widespread application of blockchain technology in the financial field will lead to changes in financial laws and regulations such as securities law, currency law, foreign exchange management law, banking law, bill law, and insurance law.Changes, some require fundamental changes and system reconstruction, while others require adjustments based on the specific application of blockchain technology.
㈥ What do legal professionals think about the blockchain that everyone is paying attention to?
As a mechanism for allocating social resources, law is determined by the objective requirements of social and economic development and directly affects the economy. the entire process of running. It can simplify the complexity of social relationships, save transaction costs, and help members of society conduct transactions safely, standardized, and orderly.
Blockchain technology is based on a legal framework and makes transaction information more secure and transparent and data more traceable through preset automatically executed smart contracts, greatly reducing the cost of legal execution and showing the mutual complementarity of law and technology. The integration with the economy has gradually made legal constraints and execution more intelligent.
What is blockchain?
Blockchain is an innovative application model of distributed data storage, point-to-point transmission, consensus mechanism, encryption algorithm and other computer technologies in the Internet era.
Blockchain is essentially a decentralized distributed ledger database. It itself is a series of data blocks generated using cryptographic correlation. Each data block contains information on the effective confirmation of multiple Bitcoin network transactions, which is used to verify the validity of its information (anti-counterfeiting) and generate the next zone. piece.
Foreign legal regulations on blockchain
Since blockchain technology itself is still in the exploratory stage and has not been applied on a large scale, only some countries have introduced special legislation for blockchain technology. .
United States
Vermont and Arizona passed bills to clearly define and support blockchain technology for public use. The bill stipulates the usage specifications of blockchain and smart contracts, and also declares all regulations related to the district. Blockchain-related data are “considered to be in electronic format and become electronic records,” which the state recognizes.
UK
"Distributed Ledger Technology: Beyond Blockchain" mentioned that the British federal government will invest in blockchain technology to analyze the potential of blockchain in traditional financial industries.
Singapore
The government supports financial technology companies such as blockchain technology and has launched a regulatory sandbox to provide a more tolerant development environment for blockchain start-ups.
my country’s legal regulations on blockchain
In addition to the above-mentioned policies for the blockchain itself, the international community has introduced a series of regulatory regulations for virtual currencies such as Bitcoin.
In our country, in addition to policies on the trading and financing of virtual currencies such as Bitcoin, the government has also issued many policy regulations on blockchain.
On December 27, 2016, blockchain technology was included in the State Council’s “Notice on Issuing the National Informatization Plan for the 13th Five-Year Plan”. At the same time, the State Council also issued a document "my country's Blockchain Industry is Expected to Lead the World" to support the healthy development of blockchain.
In "Guiding Opinions of the General Office of the State Council on Actively Promoting Supply Chain Innovation and Application"Mentioned that research on the use of emerging technologies such as blockchain and artificial intelligence to establish a credit evaluation mechanism based on the supply chain. Promote the organic docking of various supply chain platforms and strengthen the disclosure and sharing of information such as credit ratings, credit records, risk warnings, illegal and untrustworthy behaviors.
The legal risks of blockchain technology in the eyes of lawyers
As a distributed system, blockchain is an innovative application in the field of technology. Judging from the current exploration results, its technical concept can provide various benefits to various industries. Industry development brings huge changes.
However, since the law has not yet issued clear industry standards and applicable specifications for blockchain, there will still be issues such as national supervision and legal regulation in the future.
Taking Bitcoin as a typical digital currency as an example, the first thing it faces is regulatory issues. Digital currencies such as Bitcoin developed based on blockchain technology are logically decentralized and opposed to centralized supervision.
Secondly, the application of blockchain technology also has to face huge risks. Still taking Bitcoin as an example, loss, theft, attacks, speculation, money laundering and various disturbances, doubts and incidents have always accompanied the development of Bitcoin.
The widespread application of blockchain technology is inseparable from smart contracts. The so-called smart contracts define commitments in the form of digital coding. The two parties to the transaction do not need to trust each other, and all transactions are enforced by code.
However, the form of smart contracts and the effectiveness of their contents have not been officially recognized by law and justice. It is not yet clear whether the contract text embodied in the form of digital encoding can constitute the requirements for a valid contract. Whether it can meet the authenticity, legality and validity of the evidence to be admitted in the judicial process.
Due to its decentralized nature, blockchain technology’s own rules will inevitably conflict and contradict with social rules and national legal rules. It is precisely conflicts and contradictions, risks and problems that can inspire more Motivation and imagination, including social, national and individual motivation and imagination.
Virtual currencies developed based on the application of blockchain technology have posed huge challenges to the legal currencies and financial systems of various countries during their transactions, and have caused investment risks and even social problems.
㈦ What are the application fields of blockchain technology?
Application fields: financial field, Internet of Things and logistics field, public service field, digital copyright field, insurance field, and public welfare field.
Blockchain can also be naturally combined in the Internet of Things and logistics fields. Through blockchain, logistics costs can be reduced, the production and delivery process of items can be traced, and the efficiency of supply chain management can be improved. This field is considered a promising application direction of blockchain.
Blockchain is closely related to people’s production and life in the fields of public management, energy, transportation, etc. However, the centralized nature of these fields also brings some problems, which can be transformed with blockchain.
Blockchain Technology
This major cultivates the comprehensive development of moral, intellectual, physical, artistic and labor skills, and masters the natural sciences, humanities and social sciences.Basic knowledge of science, basic theories of computer science, basic theories and application knowledge of blockchain technology and application, basic abilities of blockchain software development, software development practice and project organization, and awareness of innovation and entrepreneurship, competition and team awareness and craftsman spirit, high-quality and high-level technical skills talents who can engage in blockchain technology design, management, service, etc.
Reference for the above content: Network-Blockchain Technology
㈧ What are the conclusions of the Supreme Court on the judicial application of blockchain electronic evidence
In 2020, with the With the promotion of online litigation mechanisms and the promotion of the application of blockchain electronic evidence by Internet courts, the number of 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 collection are widely recognized by the judiciary. Prior to this, Yibaoquan had been included in the "Typical Cases of Blockchain Intellectual Property" by the Inner Mongolia High Court and the Wuxi Intermediate People's Court, selected as a "Typical Case of Blockchain Platform" 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 being uploaded to the chain can ordinary electronic data be converted into judicially credible blockchain electronic evidence.
At the technical level, blockchain, CA, timestamps, encryption algorithms and other technologies are used to conduct real-name authentication of platform users, and to conduct blockchain certification of user signed data, thereby forming a comprehensive system 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, Arbitration Commission, JudiciaryOfficial websites such as the laboratory 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.
㈨ What can blockchain technology do in the field of judicial notarization
Blockchain technology has the characteristics of decentralization, high security, openness and transparency. This technology is very It may change the way we live in the future.
The traditional notarization model can no longer meet the current development. Although the current notary business has gradually developed from a single offline business to an online and offline business, which has improved the efficiency of notary institutions to a certain extent, but the notarial institutions’ Some businesses still have problems such as cumbersome procedures, complex procedures, lengthy procedures, evidence that is easily tampered with, and difficult to preserve. With the dissemination and application development of blockchain technology knowledge, it can be found that if blockchain technology is applied, it is likely to bring unprecedented opportunities and challenges to notary institutions.
Such as certificate business and document proof business will gradually disappear with the development and application of blockchain technology, while the intellectual property evidence preservation business and the offline business of notary institutions outside the Internet will bring innovation and innovation in the notarization model. Change. If blockchain technology is used properly, it can perfectly cooperate with notary institutions to solve business difficulties and pain points. Based on its own characteristics and the development needs of the times, blockchain technology seems to have gradually replaced the role of notary institutions.
㈩ What are the advantages of applying blockchain technology in electronic contracts
By definition, blockchain is a term in the field of information technology. It is a shared database. The data or information stored in it cannot be tampered with, forged, or traceable. Therefore, it has typical characteristics such as decentralization, openness, transparency, and disintermediation.
1. Decentralization
The decentralization of blockchain refers to the use of distributed storage and computing power so that the nodes of the entire network are in a state of joint maintenance and no longer relies on central processing nodes to achieve Distributed data storage, recording and updating. Simply put, blockchain does not require the endorsement of intermediaries and trust institutions.
2. Information cannot be tampered
The information added to the blockchain will be permanently stored, and as long as a single node is added, it will be synchronized to all nodes in the blockchain. In this way , the information on the blockchain cannot be tampered with. Unless more than 51% of the nodes in the system can be controlled at the same time, it will be invalid for a single node. Therefore, the stability and stability of the blockchain for data are also determined. The role of security.
3. Information traceability
Blockchain is a decentralized database that records the process information of each node. Since a single node of the blockchain is difficult to be tampered with, each node It becomes traceable, so that the data on the blockchain can be traced, and a trustworthy and secure contract environment can be built.
Through the above three advantages of blockchain technology, the advantage of applying it to the field of electronic contracts is to increase the security of contract signing, making it more legally secure., such as signing a shield electronic contract, which is an electronic contract using blockchain technology.