A few days ago, " top people court hears a case about Internet court the regulation of a certain number of problems " (the following abbreviation " regulation " ) print and distribute. It is reported, " regulation " already passed at trying the 1747th meeting of committee by top people court on September 3, 2018, apply since September 7, 2018.
" regulation " eleventh mention, the electronic data that party submits, through the electron jab of autograph, authentic time, Ha Xi is worth the evidence such as catenary of desired result, area piece to collect, secure and prevent the technical measure that distort to perhaps pass an electron to obtain evidence attestation of the platform that collect card, can prove its authenticity, internet court ought to affirm. This is our country explains with judicatory the form is right first electron of technology of area piece catenary puts card to undertake law affirms.
Department of top people court changes do chief " regulation " the main problem that involve is in answer the reporter asks in mention, basis " set " requirement, litigant platform is being built and use on ought to have the following 3 functions. It is the diversity of carrier, internet court ought to build the website platform that applies to computer end, also ought to use the burgeoning technology method such as small letter small order integratedly, make convenient, quick, safe mobile terminal platform; The 2 intensive sexes that are a function, litigant platform ought to be included sue, accept, the multiple function module such as careful of service, mediation, quote, qualitative card, front courtyard, appeal, relevant adjudgement support system is set inside conformity, catenary of computation of net of couplet of intelligence of labour of exploration carry choose and employ persons, content, cloud, area piece, virtual reality / enhance reality (VR/AR) wait for a technology, offer of all kinds intelligence to change handle a case auxiliary. The 3 alternant sexes that are data, litigant platform ought to open data interface, try need according to the case, receive operator of platform of electronic business affairs, network to serve office of provider, relevant state to wait for the experience case data that have in order.
Hangzhou Internet court affirms area piece catenary puts illness legislation effectiveness firstThe electronic data legal precedent that uses technology of area piece catenary to collect card has existed before this.
On June 28, 2018, hangzhou Internet court affirms electron of area piece catenary puts illness legislation effectiveness first, this also is considered as domain of our country judicatory to affirm area piece catenary puts the legal effectiveness of card first.
In this case, accuser was proof the accused to publish accuser to enjoy the relevant work of copyright in the website of its operation, put card platform through tripartite, undertook the source of the automatic capture of tort webpage and tort page identifies, wrap these two content and the compression that call a log to wait computation to upload into haing rare value to Factom area piece catenary and bit money in area piece catenary, serve as the evidence that submits a court with this.
Hangzhou Internet thinks after forensic cognizance, data of this one electron passes the automatic capture program with more expensive reliability to undertake webpage check scheme, source identifying, can make sure source is real. Use the area that accords with relative standard piece catenary technology undertook to afore-mentioned electronic data card is secured putting, also ensured the dependability of electronic data; In affirm Ha Xi is worth checking computations to agree and with other evidence can below the premise of mutual confirm, data of this kinds of electron can regard this case tort as cognizance basis.
Chief expresses related Hangzhou Internet court, the electronic data that has collecting card fixed to using the technical method such as area piece catenary, ying Bingcheng's open, indifferent manner undertakes a case analysis maintain. Both neither can because the technical itself such as area piece catenary attributes shift of new-style and sophisticated technology and repel or raise its to maintain a level, because this technology is had,also cannot distort hard, the characteristic that delete and reduce cognizance level, answer to judge its evidence effectiveness integratedly according to the relevant law provision of electronic data.
Area piece catenary " enter card " court of actor preexistence Internet is applicableWill does electron of area piece catenary put card to include our country judicatory to maintain what sense is there?
For this, xiao Sa of director of seminar of law of Bank of China is accepting " daily economy news " when the reporter interviews, say: "Domain of judicatory of this specification our country to ' evidence ' the manner is open, area piece catenary serves as a kind ' distributed storage technology ' have not reversible, cannot distort wait for character, to securing testimony ' authenticity ' can have main effect. But, we must understand, although itself of technology of area piece catenary has an advantage to securing testimony, but the event that produces in real world, cannot pure depend on technology of area piece catenary, for example dispute of compensate of aviation insurance manage. It is very difficult to whether produce aviation accident itself by the area piece catenary is complete the record comes down, a lot of moment are ' factitious ' land record sparks on catenary ' consensus mechanism ' , accordingly, when proving some group is whether true happening, data of the book proof that still needs a convention, electron, material evidence. Data of the book proof that still needs a convention, electron, material evidence..
"In the meantime, we this allude area piece catenary ' into card ' court of actor preexistence Internet is applicable, this is corresponding the case type of Internet court, happen on Internet, fulfill end, the similar problem of insurance issue is related before avoiding so, increased technology of area piece catenary to prove event is real greatly thereby the possibility that happen, we are judged, suffer this benefit good effect, future is in poineering domain of area piece catenary, the task that is aimed at evidential research and development will be increasing, innovate and do poineering work to also can increase accordingly. " Xiao Sa complements.
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