Although the People's Court Online Litigation Rules preliminarily regulated the review and identifica-tion rules of blockchain evidence with four special articles,how to establish a systematic framework that ena-bles judges to subjectively dare to make determinations,objectively accurately identify blockchain evidence,and at the same time effectively safeguard the litigants'right to litigation,is still worth contemplating.From the perspective of the actual motivation and theoretical demands of the integration of science and technology into the judiciary,the blockchain evidence rules in the digital age must consider at least the following three levels of progressive logic,namely the real guarantee logic based on the blockchain trust mechanism,the logic of differential treatment based on scientific cognition of the technical characteristics of the blockchain,and the logic of rights protection based on the requirements of digital due process.Based on this triple logic,it is pos-sible to systematically construct rules for the presumption of the authenticity of blockchain evidence,accu-rately grasp the technical principles,set blockchain evidence review and identification standards,and protect the parties'substantive litigation rights.In the future,it is still possible to advance the systematic develop-ment of blockchain evidence rules for online litigation based on the triple theory logic.
NETL
NSTL
维普
万方数据
