Abstract

Electronic evidence relying on emerging technologies such as computer science and network communication plays a crucial role in the process of proving the facts of cases. Meanwhile, some features of electronic evidence, such as technological complexity, mutability, and incomplete provenance, can create difficulties for the judge to examine and authenticate the electronic evidence. However, features of blockchain technology, such as consensus mechanisms, hash checks, asymmetric encryption, timestamps, can help the judge verify integrity and authenticity of electronic evidence. In addition, collection and preservation of electronic evidence with blockchain technology have legal force, which has been recognized by some countries and regions, but ensuring authenticity and integrity of the data on the blockchain is still an urgent problem. In this paper, the application potential of blockchain in electronic evidence generation in the judicial field is explored, and the key role of blockchain-based verification of electronic evidence in case review with an example of an Internet case in China is analyzed as well. To make the process of electronic evidence generation more standardized, procedural and systematic, and in light of judicial independence, the electronic evidence generation system based on consortium blockchain is built. Most importantly, the collection, preservation, and examination of evidence are conducted within the blockchain system. Judicial bodies, as the nodes in the consortium blockchain, can examine the legitimacy of evidence at any time, which can ensure high authoritativeness, efficiency, and credibility of the electronic evidence generation system and strengthen the evidence competence and probative force of the electronic evidence.

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