Blockchain Depository Technology in Litigation Activities
-- Introduction with the Way of Defending the Right in the Case of Network Infringement
Keywords:
Electronic Data; Online Infringement Incidents; Ways to Defend Rights; Blockchain Deposits.Abstract
The development of the Internet has made the dissemination of information on the Internet much faster than before, and consequently caused the occurrence of cyber violence. In this series of events, the difficulty of the parties to defend their rights is regarded as a very prominent problem. A large part of the difficulty in defending the rights of the parties concerned is due to the difficulty in collecting evidence. According to the principle of "whoever claims, whoever produces evidence", the infringer needs to bear the unfavorable consequences of proof, thus making it difficult for infringers to defend their legitimate rights and interests in cyber violence infringement cases. With the development of blockchain technology, the problem of traditional electronic data forensics will be solved by blockchain technology. This paper will take the main logic of how blockchain evidence solves the dilemma of applying traditional electronic data in litigation activities, and take the way of defending rights in network infringement cases as the entry point to elaborate the application of blockchain deposit technology in litigation activities.
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References
Chen, Y. S. Legal regulation of electronic data search and seizure[J]. Modern Law,2014,36(05):111-127.
See White Paper on Blockchain Judicial Deposit Application (Version 1.0), June 2019, guided by the Information Center of the Supreme People's Court, with the participation of 25 units, including multi-provincial high courts, Internet courts, and the China Judicial Big Data Research Institute.
See Liu Pinxin, "On the authenticity standard of electronic evidence", Social Science Journal, No. 1, 2021.
See September 5, 2018, when the China Academy of Information and Communications Technology released the Blockchain White Paper (2018).
Yang Dong. Chain gold has the law [M]. Beijing:Beijing University of Aeronautics and Astronautics Press, 2017: 12.
ZHANG Yujie. Judicial application of blockchain technology, systemic dilemmas and evidence law innovation[J]. Oriental Law, 2019(03):99-109. doi:10.19404/j.cnki.dffx.20190129.002.
Chen, Xiuhui. Why blockchain decentralization is important[J]. Computer and Network,2018(21):38[5]He Pu, A forward-looking overview of blockchain technology and applications[J]. Computer Science,2017(4) :4.
Liu Xuezai,Ruan Chongxiang. Research and thinking on blockchain electronic evidence[J]. Journal of Northwest University for Nationalities (Philosophy and Social Science Edition),2020(01):52-59.DOI:10.14084/j.cnki.cn62-1185/c.20191206.002.
See Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases in Internet Courts [N]. People's Court News, 2018-09-08(003).
See People's Court Online Litigation Rules Law Interpretation [2021] No. 12 (Adopted by the Trial Committee of the Supreme People's Court at its 1838th meeting on May 18, 2021, effective August 1, 2021).
Liu Pinxin. On blockchain evidence[J]. Legal Research,2021,43(06):130-148.
Xi Zhehan. Judgment on the evidence of "triality" of electronic data deposited on blockchain[J]. Social Scientist,2022(07):126-132.
Article 107 of the Civil Code of the People's Republic of China provides that a natural person may, in accordance with the law, inspect or copy his or her personal information from an information processor; if he or she discovers that there are errors in the information, he or she has the right to object to the information and to request that corrections and other necessary measures be taken in a timely manner. If a natural person discovers that an information processor has handled his or her personal information in violation of the provisions of laws or administrative regulations or the agreement between the two parties, he or she has the right to request the information processor to delete the information in a timely manner.
Wen Zhanting. Research on the Application of Blockchain Depository in the Field of Civil Litigation [D]. Three Gorges University,2023.DOI:10.27270/d.cnki.gsxau.2022.000022.
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