司法区块链存证的分歧、共识与前路

Divergence, Consensus and Future of Electronic Evidence Preservation Based on Judicial Blockchain

区块链存证技术在增强电子数据真实性的同时,也带来了司法区块链存证分歧太多而共识太少,主要表现为概念不清、理论缺失、规则不足。基于共识理论框架,提出司法区块链存证的三层共识:第一层,消解概念层面重大分歧,合理区分区块链存证与区块链证据,形成司法区块链存证规范性概念共识。第二层,在概念共识基础上,形成司法区块链存证“鉴真理论”共识,发现区块链存证技术应用下证据真实性审查的弊端。第三层,在概念共识与理论共识基础上,区分上链前、上链后、自动上链三种不同标准的审查认定规则,形成司法区块链存证规则共识,为进一步完善在线纠纷解决机制证据规则提供有益启示。

While enhancing the authenticity of electronic data,blockchain preservation technology also brings too many differences and too little consensus on judicial blockchain preservation,mainly manifested as unclear concepts,lack of theory and insufficient rules.Based on the framework of consensus theory,three layers of consensus are proposed for judicial blockchain preservation.At the first level,the major differences at the conceptual level should be resolved,the reasonable distinction between blockchain preservation and blockchain evidence should be made,and the normative concept consensus of judicial blockchain preservation should be formed.At the second layer,on the basis of the conceptual consensus,the consensus of the "theory of authenticity" of judicial blockchain preservation is formed,and the drawbacks of the examination of authenticity of evidence under the application of blockchain preservation technology are found.At the third level,on the basis of conceptual consensus and theoretical consensus,the review and identification rules of the three different standards of pre-upchain,post-upchain and automatic upchain are distinguished to form the consensus of judicial blockchain preservation rules,which provides beneficial enlightenment for further improving the evidence rules of online dispute resolution mechanism.