Author(s)

Ziyu Xu ¹, Qing Wang ¹, Pei Li ¹

Affiliation(s)

¹ Shanghai University of International Business and Economics, Shanghai, 201620, China

Corresponding Author

Ziyu Xu

ABSTRACT

The emergence and multi-channel application of blockchain have provided new criminal tools for property crimes in China, and discussions on the authenticity and legitimacy of electronic data under blockchain evidence preservation have gradually emerged in criminal justice practice. Nevertheless, the legal dilemma that the evidence collection system is not perfect also appears. Based on the Chinese criminal judgments of 214 judgment documents from 2012 to 2023, this paper empirically analyzes the identity of electronic evidence collection and content, clarifies the obstacles to authenticity. The paper combines blockchain evidence preservation technology to design a blockchain model for electronic data evidence collection, supporting the penetration of blockchain technology into the criminal justice field as a new evidence preservation technology. Simulatanously it regulates the identification path of electronic evidence in China and improves the construction of the rule of law in China with the assistance of more complete statutory evidence collection and evidence preservation procedures.

KEYWORDS

Blockchain; Virtual Currency; Fraud; Electronic Data; Forensics

CITE THIS PAPER

Ziyu Xu, Qing Wang, Pei Li, Legal dilemma and standardized evidence collection model for property embezzlement cases: An empirical analysis based on 214 Chinese criminal judgment documents. Science of Law Journal (2024) Vol. 3: 19-30. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030403.

REFERENCES

[1] Lu Yu, Wang Huiui, Zhang Yong. Application and Approach of Electronic Data Block Chain Storage Certificate [J].Journal Of Dalian University, 2023, 44(01):77-85.
[2] Li Dameng, Sun Jie. Virtual currency crime situation and security governance review[J].Police Techonology, 2023, (02): 33-41.
[3] Criminal Judgment of Shangyu District People's Court, Shaoxing City, Zhejiang Province, China, 2019.
[4] Cui Shiqun. Research on the Authenticity Examination of Blockchian Evidence[J].Business and Economic Law Review, 2021(03):142-158.
[5] Xie Dengke. The Rules of Electronic Data Authenticity Review: Its Reflection and Improvement[J].Academic Exchange, 2021,(03):62-69.
[6] Jiang Airu. Research on Digital Forensics Based on Blockchain Technologe[D].Beijing:People's Public Security University of China, 2022:31.
[7] Hu Boyuan, Zhang Huaizhi. Research on Electronic Data Forensics under the Perspective of Blockchain [J]. China-Arab States Science and Technology Forum, 2023,(03):103-107.
[8] Guo Jing, Jia Xulong. Review and judgment of electronic data[C].National Prosecutors College, Office of the Research and Guidance Group for Punishing Cybercrime and Safeguarding Cyber Security of the Supreme People's Procuratorate, Law School of Chinese University: Theory and Practice of Cybercrime Governance for Excellence in Criminal Prosecution - Proceedings of the 16th National Senior Prosecutors Forum, 2020:5.

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