区块链应用适用的法律有哪些,区块链应用适用的法律法规

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A. Is there any relevant law that recognizes the authenticity of blockchain evidence?

On January 21, the Supreme People's Court issued the "Regulations on Several Issues Concerning the Online Handling of Cases by People's Courts" (Draft for Comments)", which provides detailed explanations on the effectiveness of blockchain evidence, blockchain evidence review rules, authenticity review of data before uploading to the chain, and blockchain evidence enhancement and identification.

The regulations have 36 articles in total and clearly state that the electronic materials and electronic data submitted by the parties as evidence shall be determined by the People’s Court to be authentic in accordance with relevant laws and judicial interpretations after the parties have presented evidence and cross-examined them. , relevance and legitimacy.

Article 14 [Effectiveness of Blockchain Evidence] If the evidence submitted by the party is stored through blockchain technology and is consistent after technical verification, it is presumed that the evidence material has not been tampered with after being uploaded to the chain. , the People's Court may confirm the authenticity of the evidence, unless there is contrary evidence sufficient to overturn it.

Article 15 [Blockchain Evidence Review Rules] If a party objects to blockchain evidence and has reasonable grounds, the People’s Court shall mainly review the following content:

(1) Whether the certificate deposit platform complies with the relevant regulations of the relevant national departments on providing blockchain certificate deposit services;

(2) Whether the parties have an interest in the certificate deposit platform and use technical means to improperly interfere with evidence collection , certificate storage process;

(3) Whether the information system of the certificate storage platform meets national or industry standards for cleanliness, safety, and availability;

(4) Certificate storage technology and whether the process complies with the requirements of the "Technical Specifications for Electronic Data Storage" regarding system environment, technical security, encryption methods, data transmission, information verification, etc.

Article 16 [Authenticity review of data before uploading to the chain] If a party proposes that the data is no longer authentic when it is uploaded to the chain and provides evidence to prove it or explains the reasons, the people's court shall review it. .

Based on the circumstances of the case, the people's court may require the party that provides the blockchain evidence to provide evidence to prove the authenticity of the on-chain evidence data, or to explain the specific source and generation mechanism of the on-chain evidence data. , stored procedures, third-party notarization and witnessing, associated verification data, etc. If the party concerned cannot provide evidence or make a reasonable explanation, and the blockchain evidence cannot be mutually corroborated with other evidence, the people's court will not confirm the authenticity of the evidence.

Article 17 [Reinforcement and Identification of Blockchain Evidence] The parties may apply for a person with specialized knowledge to provide opinions on technical issues related to the storage of evidence on the blockchain platform. The People's Court may, based on the application of the parties or ex officio, entrust the identification of the authenticity of the evidence stored in the blockchain or obtain other relevant evidence for verification.

Yibaoquan has been deeply involved in the underlying R&D and application innovation of blockchain technology since 2014, and through the integration of judicial channels, it has launched application scenarios such as preservation chain, gentleman signature, micro-copyright, and Zhongzhengbao. . And with professional, legal, compliant and safe one-stop service, and won many national honors. Under the wave of digitalization, data security may become the core competitiveness. With the country's vigorous development of blockchain, blockchain certificates to ensure data security will become the general trend. Yibaoquan Blockchain Certificate Deposit and Preservation Center will help more companies and institutions effectively protect data security through blockchain certificate deposit, in terms of blockchain certificate deposit, electronic contracts, Internet justice, intellectual property protection, etc., completely subverting the traditional model. , leading the comprehensive upgrade of digital office.

B. What is the country’s policy on blockchain?

Currently, the country has a recognized attitude towards blockchain technology and supports and encourages the research and development of independent blockchain technology. Yes, the country’s expectation for the blockchain industry is to be supported by specific implementation and application value. The future expectation for blockchain is that blockchain will become a breakthrough for independent innovation of core technologies. And blockchain is legal. Blockchain is a term in the field of information technology. In essence, it is a shared database, and the data or information stored in it has the characteristics of being unforgeable, leaving traces throughout the process, traceable, open and transparent, and collectively maintained.
1. The composition of the blockchain system:
1. Data layer
2. Network layer
3. Consensus layer
4. Incentive layer
5. Contract layer
6. Application layer
2. Types of blockchain
1. Public blockchain
2. Industry blockchain
3. Private blockchain
3. Blockchain Features
1. Decentralization. Blockchain technology does not rely on additional third-party management agencies or hardware facilities, and there is no central control. In addition to the self-contained blockchain itself, each node realizes self-verification, transmission and management of information through distributed accounting and storage. Decentralization is the most prominent and essential feature of blockchain.
2. Openness. The foundation of blockchain technology is open source. In addition to the private information of the transaction parties being encrypted, the data of the blockchain is open to everyone. Anyone can query the blockchain data and develop related applications through the public interface. Therefore, the entire System information is highly transparent.
Legal basis:
"Civil Code of the People's Republic of China"
Article 123 Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademarks;
( 4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout designs;
(7) New plant varieties;
(8) Other objects specified by law

C. Is blockchain legal?

Legal analysis: Blockchain is legal. Blockchain is a term in the field of information technology. In essence, it is a shared database, and the data or information stored in it has the characteristics of "unforgeable", "full traces left", "traceable", "open and transparent" and "collectively maintained". Based on these characteristics, blocksChain technology has laid a solid foundation of "trust" and created a reliable "cooperation" mechanism, which has broad application prospects.

Legal basis: Article 123 of the Civil Code of the People's Republic of China: Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects: (1) Works; (2) Inventions, utility models, and designs; (3) Trademarks; (4) Geographical indications; (5) Trade secrets; 6) Integrated circuit layout design; (7) New plant varieties; (8) Other objects specified by law.

D. 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, As a result, 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 effectiveness 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, Yi Baoquan 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, 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 use the security chain open platform to store relevant data.Synchronously stored on the servers of notary offices, arbitration committees, Internet courts, copyright protection centers, judicial appraisal institutes and other institutions; visual blockchain inspection can also be performed on the official websites of notary offices, arbitration committees, judicial appraisal institutes, Capital Intellectual Property Association, etc. . Ensure that the entire process is traceable, all data is verifiable, and all links are credible.

E. Is the blockchain legal?

Legal analysis: The blockchain is completely legal and compliant. Blockchain is a new application model of computer technology such as distributed data storage, point-to-point transmission, consensus mechanism, encryption algorithm, etc. It is a shared database, and the data or information stored in it has the characteristics of "unforgeable" and "full traces". Features such as "traceability", "openness and transparency" and "collective maintenance".

Legal basis: "Blockchain Information Service Management Regulations" of the State Internet Information Office

Article 4 encourages blockchain industry organizations to strengthen industry self-discipline, establish and improve industry self-discipline systems and industry Guidelines to guide blockchain information service providers to establish and improve service specifications, promote the construction of industry credit evaluation systems, urge blockchain information service providers to provide services in accordance with the law, accept social supervision, and improve the professional quality of blockchain information service practitioners. Promote the healthy and orderly development of the industry.

Article 5: Blockchain information service providers shall implement information content security management responsibilities and establish and improve management systems for user registration, information review, emergency response, and security protection.

Article 6 Blockchain information service providers shall have the technical conditions suitable for their services. For information content prohibited by laws and administrative regulations, they shall have the ability to publish, record, store and disseminate information content in real time. and emergency response capabilities, and technical solutions should comply with relevant national standards and specifications.

F. How is blockchain used in the legal field?

Using blockchain technology to deposit and issue electronic evidence is the application of blockchain technology in the legal field. Application basis.

Blockchain technology can be used to securely protect electronic data, prevent tampering, and conduct data processing throughout the entire life cycle of electronic data generation, collection, transmission, and storage. Traces of operation.

Use blockchain technology to preserve electronic evidence, record the electronic data that needs to be deposited in the form of transactions, stamp it with a timestamp, and record it in the block, thereby completing the process of data preservation and evidence depositing. process. 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.

G. Blockchain Information Service Management Regulations

According to the relevant laws of our country, blockchain information service providers shall adopt the regulations within ten working days from the date of providing services. The Blockchain Information Service Registration Management Department of the State Internet Information Office handles registration registrationRemember the procedures.
Blockchain filing means that according to the "Blockchain Information Service Management Regulations", information services provided to the public through Internet websites, applications, etc. based on blockchain technology or systems need to be registered and filed. The "Blockchain Information Service Management Regulations" were reviewed and approved by the Office of the State Internet Information Office and will come into effect on February 15, 2019.
Whether it is a public chain, a consortium chain, or a private chain, it is theoretically within the scope of registration; "information services" refer to blockchain media, market information, community and other services that are not based on blockchain technology or system operation. , does not fall within the scope of filing. Blockchain registration is only a registration of the subject’s blockchain information services and does not represent recognition of its institutions, products and services. No institution or individual may use it for any commercial purpose.
As long as they are based on blockchain technology or systems and provide information services to the public through Internet websites, applications, etc., including BaaS platforms, metaverses, digital collections, and NFT services, they also belong to the blockchain. Blockchain information service registration is required.
Blockchain registration process:
1. Enter the official website of the registration system, register an account, fill in the basic information, and after the registration is completed, you can log in to the registration system with your mobile phone number.
2. After logging into the filing system, the applicant should gradually fill in the application subject information, person in charge information and service information according to the system guidance, upload the materials and pictures required by the filing system, and then submit.
3. Wait for the review by the Cyberspace Administration of China and receive a reply within twenty working days.
4. After passing the office review, obtain the registration number. Blockchain information service providers that have completed archiving should display their archiving number in conspicuous locations on their Internet websites, applications, etc.
Legal basis:
"Blockchain Information Service Management Regulations"
Article 11 Blockchain information service providers shall pass the National Internet Information Office District within ten working days from the date of providing services. The blockchain information service registration management system fills in the service provider's name, service category, service form, application field, server address and other information, and performs the registration procedures.
If a blockchain information service provider changes its service items, platform URL and other matters, it shall go through the change procedures within five working days from the date of change.
If a blockchain information service provider terminates its services, it shall go through the cancellation procedures thirty working days before terminating its services and make appropriate arrangements.
Article 12 After receiving the filing materials submitted by the filing party, the national and provincial, autonomous region, and municipality Internet Information Offices shall, if the materials are complete, file the filing within twenty working days, issue a filing number, and submit the filing through the National Internet The Blockchain Information Service Registration Management System of the Information Office publishes the registration information to the public; if the materials are incomplete, the registration will not be granted, and the filing party will be notified within 20 working days and the reasons will be explained.

H. Interpretation of the "Blockchain Information Service Management Regulations" | The "tourism" law can be followed

January 10, 2019, National Internet Information OfficeThe Office issued the "Blockchain Information Service Management Regulations" (hereinafter referred to as the "Regulations"), which will be implemented on February 15, 2019. In order to help readers understand the content of the "Regulations" more clearly and straightforwardly, we have conducted a professional interpretation of this new regulation and compiled several highlights of the "Regulations": 1. It is clarified that the competent department of blockchain information services shall be responsible for Article 3: The supervision, management and law enforcement departments of blockchain information services are Internet Information Offices at all levels. 2. Clarify the definition of blockchain information service providers. According to Article 2 of the "Regulations", the so-called blockchain information services refer to the services provided to the public through Internet websites, applications, etc. based on blockchain technology or systems. Provide information services. Blockchain information service providers refer to entities or nodes that provide blockchain information services to the public, as well as institutions or organizations that provide technical support to entities that provide blockchain information services. According to the above definition, it can be seen that only information services such as news reports about blockchain and Bitcoin are provided to the public, such as mobile APPs such as Mars Finance and Bikuaibao, as long as the underlying technology for providing services is not based on blockchain technology or systems. It does not belong to the blockchain information services mentioned in the "Regulations" and is not subject to the "Regulations". As for mobile apps or games such as "NetEase Planet", "Nishuihan", "A Chinese Ghost Story", etc., since some of them use blockchain technology or systems to provide services to users, their operators should be classified as blockchain information services provider. In addition, in view of the above definition, even if an organization or institution itself does not provide blockchain information services to the public, as long as it provides technical support to blockchain information service subjects, it still belongs to blockchain information services. Providers are bound by the Regulations. This means that the more popular model of "overseas establishment of entities to issue coins on the chain + domestic companies to provide technical services" may come to an end. 3. Clarify the security management responsibilities of blockchain information service providers. The "Regulations" clearly stipulate the responsibilities of blockchain information service providers. Mainly include: 4. Clarify the filing responsibilities and related procedures of blockchain information service providers. In addition to the above responsibilities, blockchain information service providers should also perform filing responsibilities: 1. Within ten working days from the date of provision of services. Fill in the service provider’s name, service category, service form, application field, server address and other information through the State Internet Information Office’s Blockchain Information Service Registration Management System, and perform the registration procedures. 2. If the service items, platform address and other matters are changed, the change procedures shall be completed within five working days from the date of change. 3. If the service is terminated, the cancellation procedures should be completed thirty working days before the service is terminated, and proper arrangements should be made. 4. Those who engage in blockchain information services before the promulgation of the "Regulations" (i.e. before January 10, 2019) shall comply with the regulations within twenty working days from the date when the "Regulations" come into effect (i.e. February 15, 2019). Complete relevant procedures. 5. Blockchain information service providers should log in to the blockchain information service registration management system within the specified time and provide relevant information to cooperate with each other.The Network Information Office conducts regular inspections of registered information. Registration agencies: Internet information offices at all levels. Filing procedures: After the blockchain information service provider submits materials, the Internet Information Source Information Office shall file the materials within twenty working days, issue a filing number, and report to the State Internet Information Office through the Blockchain Information Service Filing Management System. The public publishes the filing information; if the materials are incomplete, the filing will not be granted, but the filing person shall be notified within twenty working days and the reasons shall be explained. The promulgation of the "Regulations" clarified the subject boundaries of blockchain information service providers, stipulated in detail the subject responsibilities of blockchain information service providers, and filled the current domestic regulatory gap in the field of blockchain information services. , marking the arrival of the "regulatory era" in the field of blockchain information services. For the blockchain information service industry, it means more orderly and healthy development; for practitioners who are currently engaged in or are interested in providing blockchain information services in the future, it means higher compliance requirements. .