Embedded Fusion: The Certainty of Blockchain Technology Complements the High Degree of Probability of Legal Presumption ()
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.
Share and Cite:
Wu, Y. (2023) Embedded Fusion: The Certainty of Blockchain Technology Complements the High Degree of Probability of Legal Presumption.
Chinese Studies,
12, 103-112. doi:
10.4236/chnstd.2023.122010.
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