论区块链存证的制度价值

On the Institutional Value of Electronic Data’s Storage and Authentication Based on Blockchain

2018年,最高人民法院颁行《关于互联网法院审理案件若干问题的规定》,赋权试行以防篡改技术保证电子证据法律效力的机制。该机制集中表现为区块链存证,其构成要件可具体分解为"技术上防篡改""法律上可证实"。新时代三家互联网法院积极主导相关探索,累积了有益的经验。然而,严格对标法定构成要件,不难发现当前实践做法在满足"法律上可证实"要件方面仍有实质缺陷。应当肯定的是,当前实践做法也获得了超预想的收获。面向未来,我国应当引进前端控制、司法推定、不利自认和补强佐证等配套措施,促使建成正式的法律制度。这一由科技创新到制度创新的做法,形成推进国家治理现代化的通用范式。

In 2018,the Supreme People’s Court promulgated the provisions named by "Several Issues Concerning on the Trial of Cases by Internet Courts",establishing a mechanism to ensure the legal effect of digital evidence through tamper proof technology and other means.The typical performance of this mechanism in practice is the electronic data’s storage and authentication based on blockchain,whose constituent elements can be divided into two parts:1)"tamper-proofing in technology";and 2)"verifiable in law".The recent explorations of Internet courts have accumulated replicable experience for the promotion of this mechanism.However,it is not difficult to find that there are still major defects in practice in meeting the requirements of"verifiable in law".It should be affirmed that it has acquired super-anticipated achievements.In the future,China should further introduce supporting measures such as front-end control,judicial presumption,unfavorable self-admission and reinforcement of corroborative evidence,and promote the formal systems nationwide.Furthermore,the experience of this mechanism has formed a common paradigm that accelerating the innovations from technological field to institutional field,as well as to promote the modernization of national governance.