Embedded Fusion: The Certainty of Blockchain Technology Complements the High Degree of Probability of Legal Presumption
- 1 Department of Computer Science and Technology, Institute for Internet Judiciary, Tsinghua University, Beijing, China
Abstract
This paper aims to analyze the technical basis and theoretical rationality of the People ’ s Court Online Litigation Rules of China regarding the provision that blockchain-stored data has the effect of presumption of authenticity. The presumption is a legal technique to resolve facts proving difficulties. The traditional presumption of certainty is based on naive rules of thumb, while the presumption of certainty in information technology is based on the objective foundation of technological certainty. This paper adopts the research methods of case study and law analysis, analyzes in detail the characteristics of data certainty, rule certainty, and identity certainty of blockchain technology and argues that the certainty of blockchain technology has a complementary effect on the high probability of legal presumption.
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