国际商事诉讼中区块链技术证据的运用及中国因应

依托于区块链技术的数字货币为国际商事交往带来了前所未有的变革,已经应用于国际商事诸多领域。但与此同时,数字货币的运用导致国际商事诉讼产生新的困局,即传统证据形式于此类诉讼中作用有限。有鉴于此,区块链技术证据开始逐步进入国际商事诉讼视野。区块链技术证据运用的必要性在于其不仅能够应对数字货币类诉讼的特性,而且能够对传统证据形成有益补充,这正契应了国际商事诉讼的发展需要。区块链技术证据运用的可行性在于,其满足了国际商事诉讼对于证据资格的标准,即满足了真实性、关联性与合法性等标准。区块链技术证据的运用在域外已有诸多实证,但在我国尚处于起步阶段。我国应尽快出台关于区块链技术证据的法律规范,增设"区块链法庭",以此推进区块链技术证据在国际商事诉讼中的进一步应用。

On the Application of Block Chain Technology Evidence in International Commercial Litigation and China’s Response

Digital currency based on blockchain technology has brought unprecedented changes to international business communication and has been applied in many fields of international business. But at the same time, the application of digital currency has also generated a new dilemma in international commercial litigation, that is, the traditional form of evidence plays a limited role in such litigation. In view of this, blockchain technical evidence has gradually entered the international commercial litigation horizon. The application of blockchain technology evidence is necessary because it can not only cope with the characteristics of digital currency litigation, but also form a beneficial supplement with traditional evidence, which meets the development needs of international commercial litigation. The feasibility of application of blockchain technology evidence lies in that it meets the standards of evidence qualification in international commercial litigation, that is, it meets the standards of authenticity, relevance and legality. Reviewing abroad, there have been many empirical studies on the application of block chain technology evidence. However, in China, the application of blockchain technology evidence is still in its infancy. China should issue laws and regulations on blockchain technical evidence as soon as possible, and add "Blockchain Court", so as to promote the further application of blockchain technical evidence in international commercial litigation.