摘要
随着电子数据有效取证、存证的需求日益增加,依托区块链技术可信、可追溯、不可篡改等特性建立的电子证据存证平台应运而生,并呈蓬勃发展之势。但存证平台法院自建与司法中立之间的矛盾、区块链技术自证与各方质疑之间的矛盾以及平台蓬勃发展与规则缺失之间的矛盾逐渐凸显,影响了区块链存证平台的健康长远发展。为此,建议区块链存证平台建设交由公证机构等第三方,法院负责制定对接标准和校验机制;研究制定区块链存证平台技术要求、评测标准和管理办法,规范运行,强化管理,确保平台安全稳定可靠;正确认识区块链技术局限,以推定真实为原则构建体系化审查认定规则。
With the increasing demand for effective collection and storage of electronic data,electronic evidence storage platforms that take advantage of the trustworthy,traceable,and tamper-proof properties of blockchain technology have emerged and flourished.However,the contradictions between the construction by the court itself and the required neutrality of the evidence storage platform,between the self-certification of blockchain technology and the questioning by various parties,and between the rapid development of the platforms and the lack of rules are becoming increasingly apparent.These“three major contradictions”have affected the healthy and longterm development of the blockchain-based evidence storage platform.To this end,it is suggested that the court should leave the construction of the blockchain-based evidence storage platform to third parties such as notaries,and only be responsible for formulating docking standards and verification mechanisms.The paper also suggests that we should study and develop technical requirements,evaluation standards,and management methods for blockchain-based evidence storage platforms,standardize their operation and strengthen regulation to ensure the security,stability,and reliability of the platforms.In addition,we should have a correct understanding of the limitations of blockchain technology and establish rules for systematic review and verification based on the principle of presumption of authenticity.
出处
《数字法治》
2023年第5期164-177,共14页
DIGITAL LAW
作者简介
许世强,四川省成都市郫都区人民法院审管办(研究室)主任、审委会委员。
