CN111368080A - Electronic evidence collecting and recording method for legal consultation robot - Google Patents
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Abstract
The invention relates to the technical field of legal consultation service, in particular to an electronic evidence collecting and recording method for a legal consultation robot, which comprises the following steps: s1, extracting an electronic version of the evidence, namely the electronic evidence; s2, adopting the electronic stamp to perform fixed processing on the extracted electronic evidence and extracting electronic data; s3, based on the block chain technology, the electronic evidence is authenticated according to the electronic data, and whether each electronic evidence is qualified or not is judged according to whether the electronic evidence and the legal fact to be proved have logical support or not; and S4, packaging and storing the qualified electronic evidence. The invention can not only ensure the authenticity of the collected electronic evidence, but also ensure that the electronic evidence is not modified afterwards; the method is used for simply acquiring and fixing the electronic evidence at the robot end in the early stage, and solves the technical problem that the existing electronic evidence acquisition method is not high in credibility.
Description
Technical Field
The invention relates to the technical field of legal consultation service, in particular to an electronic evidence collecting and recording method for a legal consultation robot.
Background
At present, the application of the legal service robot in China is more and more extensive, and people can enjoy free, accurate, timely and effective legal services through the legal robot. Due to the fact that the legal level of most people is not high, the provided evidence information mainly comprises characters, photos, sound recordings and video recordings, and the characters, the photos, the sound recordings and the video recordings are usually difficult to form a complete evidence chain, so that the legal service robot is difficult to provide high-quality legal services according to the evidences provided by users.
In this regard, document CN106296528A discloses a method and a system for collecting and processing evidence, wherein the method for collecting and processing evidence comprises the following steps: the mobile terminal collects evidence data; adding a timestamp and geographical position information into the collected evidence data; generating evidence chain evidence obtaining data according to the evidence data, the time stamp and the geographic position information; the evidence chain evidence data is encrypted and then uploaded to generate an electronic query code. The evidence collection and processing method and the evidence collection and processing system provided by the invention can ensure that the evidence obtaining result is safe, reliable, complete and credible.
In the information age, electronic evidence is more and more popular and more important. However, since electronic proofs are easily forged and tampered with, the authenticity is always questioned in the case certification. Therefore, it is necessary to take measures to fix the electronic proof and prevent the electronic proof from being modified. However, the fixing of the electronic proof is complicated and requires a special certification authority. Therefore, the existing electronic evidence collection method has the problem of low credibility.
Disclosure of Invention
The invention aims to provide an electronic evidence collecting and recording method for a legal consultation robot, which is used for simply collecting and fixing the electronic evidence at the robot end in the early stage and solves the technical problem of low credibility of the existing electronic evidence collecting method.
The basic scheme provided by the invention is as follows: an electronic evidence collecting and recording method for a legal consultation robot comprises the following steps: s1, extracting an electronic version of the evidence, namely the electronic evidence; s2, adopting the electronic stamp to perform fixed processing on the extracted electronic evidence and extracting electronic data; s3, based on the block chain technology, the electronic evidence is authenticated according to the electronic data, and whether each electronic evidence is qualified or not is judged according to whether the electronic evidence and the legal fact to be proved have logical support or not; and S4, packaging and storing the qualified electronic evidence.
The working principle of the invention is as follows: electronic evidence is saved by saving electronic data and related information into a blockchain, taking advantage of the non-falsifiable nature of the data provided by the blockchain. And the electronic evidence is ensured not to be modified afterwards by reading the relevant information from the block chain for comparison and verification. Meanwhile, the robot end carries out early simple acquisition and fixation, and can prove the submission time by submitting the time to the robot; when used as a court evidence, indirect evidence generated in the consultation process has certain proving strength. The invention has the advantages that: the authenticity of the collected electronic evidence can be guaranteed, and the electronic evidence can be guaranteed not to be modified afterwards.
The electronic evidence collecting and recording method for the legal consultation robot provided by the invention can ensure the authenticity of the collected electronic evidence and ensure that the electronic evidence is not modified afterwards by adopting the block chain technology, thereby solving the technical problem of low credibility of the existing electronic evidence collecting method.
Further, step S1 specifically includes: s11, classifying the electronic evidence; and S12, extracting the electronic evidence. The electronic evidence provided by the user may include various categories, such as WeChat chat record screenshots, electronic text of contracts, and audiorecordings of conversations, and the respective characteristics of the electronic evidence determine the manner in which the electronic evidence is extracted and the time taken for extracting the electronic evidence. Therefore, the classification of the extract is beneficial to improving the extraction efficiency.
Further, step S2 specifically includes: s21, obtaining a HASH value based on the electronic evidence; s22, taking an obfuscated key from the obfuscated key pool; s23, combining the obfuscation key and the original evidence to generate an electronic stamp to fix the electronic evidence; and S24, extracting the electronic evidence data. The HASH value is a unique and extremely compact binary representation of a piece of data that effectively verifies the integrity of the data, thereby fixing the electronic proof against tampering.
Further, step S3 specifically includes: s31, acquiring time information and position information of each electronic evidence during collection; s32, signing by using private keys of the terminal and the forensics staff, and sending the electronic data and the signature to the block chain node; s33, checking the validity of the signature in the received electronic data, and if the signature is valid, storing the electronic data, the time information, the position information and the signature into a block chain; and S34, reading the corresponding information of the electronic evidence from the blockchain, comparing the corresponding information with the electronic evidence copy applying for verification, and if the corresponding information is consistent with the electronic evidence copy applying for verification, determining that the electronic evidence copy is qualified. The block chain is cryptographically connected in series and protects the serial record of the content, and the block content is difficult to be tampered. Therefore, the authenticity of the collected electronic evidence can be guaranteed, and the electronic evidence can be guaranteed not to be modified afterwards.
Further, step S4 specifically includes: s41, acquiring electronic evidence, environmental parameters of a computer and standard time; s42, encapsulating the electronic data, the environmental parameters and the standard time; and S43, storing the electronic evidence in a designated position in the computer. By adding the environmental parameters of the computer, various environmental parameters of the evidence obtaining computer during evidence obtaining can be checked while checking the electronic evidence. The objectivity and the originality of the electronic evidence are both improved, so that reliable legal basis is provided.
Further, in step S43, the electronic evidence is summarized and stored according to chronological order. And the electronic evidence is summarized and stored according to the time sequence, so that the electronic evidence is favorable for searching.
Further, in step S43, the electronic proof is stored in a designated location in the computer, the designated location being random. By disordering the order of the electronic evidence in the computer storage space, the electronic evidence can be prevented from being compromised.
Further, in step S41, the environment parameters of the computer include: system state and hardware parameters of the computer. The environmental parameter information can truly reflect the state of the electronic evidence, thereby improving the objectivity of the electronic evidence.
Further, in step S41, the standard time is standard time on the internet or standard time provided by a satellite receiver. Whether it is standard time on the internet or standard time provided by a satellite receiver, accurate time information can be provided for the electronic evidence.
Further, in step S11, the electronic proof includes: the evidence collected by the user and the evidence collected by other people the user rephrases. Some electronic evidences provided by the user are collected by the user, such as WeChat chat screen capture; some are provided by others, such as electronic invoices issued by others.
Drawings
Fig. 1 is a flowchart of an embodiment of an electronic evidence collecting and recording method for a legal consultation robot according to the present invention.
Detailed Description
The following is further detailed by the specific embodiments:
example 1
The embodiment of the electronic evidence collecting and recording method for the legal consultation robot is basically as shown in the attached figure 1, and comprises the following steps: s1, extracting an electronic version of the evidence, namely the electronic evidence; s2, adopting the electronic stamp to perform fixed processing on the extracted electronic evidence and extracting electronic data; s3, based on the block chain technology, the electronic evidence is authenticated according to the electronic data, and whether each electronic evidence is qualified is judged; and S4, packaging and storing the qualified electronic evidence.
In this embodiment, there is a contractual dispute between zhang san and lie si. The contents are roughly as follows: "… Zhang III buys 5 tons of river sand from Li IV in 1/6/2010, signs a contract for buying and selling river sand on the same day, contracts to deliver the quality and quantity of river sand to the stone dam of Zhang III within 15 days, and pays once when Zhang III receives river sand. And on 16 days 6 and 2010, when the fourth Li moves the river sand to a rock dam nearby Zhang III, Zhang III is required to pay the price of the river sand by 2 ten thousand yuan. The three-in-one table shows that no money exists temporarily, 2 ten thousand yuan of debt is willing to be delivered to the four-in-one table, the 6-month bottom is shown to pay out the debt, interest is paid according to the bank contemporaneous interest rate in the period, and the four-in-one table shows agreement. In 2010, 7 months and 1 day, the four-in-plum hand holds the debt to the place with three Zhang places, and the debt and interest are required to be paid. Three years show business loss till now, no profit can be paid, and 6 months and 28 days borrow 4 ten thousand yuan with king five, and show the borrow in the plum four views. Li IV shows that Zhang III is suspicious of being tied up and is informed that the recording and video recording are carried out by a mobile phone when Zhang III signs a contract and a debt. Zhang three sees, indicating that money is being returned soon, but requires three days to prepare … "lie four" to protect one's own legitimate interests, actively seeking legal help from the legal consultant robot. In order to provide high-quality and high-efficiency legal services, the legal consulting robot needs to collect electronic evidence provided by lie IV.
And S1, extracting an electronic version of the evidence, namely the electronic evidence.
The electronic evidence can be collected by the plum four, such as photos of a taken river sand buying and selling contract collected by the plum four, or can be provided by other people to the plum four, such as a five-king friend collected by the plum four, borrowing 4 ten thousand yuan of debt, firstly, after the electronic evidence input by the plum four is received by a legal consultation robot, the electronic evidence is classified, the classification can be carried out according to the common classification standard, such as the classification of the electronic evidence into ① contract text, invoices, debts, borrowes, ② testimony text, voice, video or testimony text signed by a testifier, ③ chat records, such as WeChat, QQ, conversation records, ④ recorded voice, conversation, video talking and talking judgment, and the classification can also be carried out by adopting a clustering algorithm, such as the classification of the debt and the debt into the debt certificate, and then the electronic evidence is extracted, such as voice recording and river sand selling contracts are extracted.
S2, the extracted electronic proof is fixed by taking the electronic stamp, and electronic data is extracted.
An electronic stamp is a HASH value derived from electronic proofs, one for each electronic proof. For any electronic evidence, say, the recording of the conversation of Zhang three and Li four. Firstly, obtaining a HASH value from a talk recording, namely converting a binary value of the recording into the HASH value by adopting a HHASH algorithm; then, taking out an obfuscated key from the key pool; and then, fixing the recording by combining the obfuscation key and the obtained HASH value. Thus, the original electronic stamp is simply the HASH value, and now the obfuscating key is also added. Therefore, the present electronic stamp contains three pieces of information: the HASH value, the obfuscation key, and a combination of both, thus fixing the recording well. Finally, extracting data in the recording, such as the time and the place of recording of the recording, the party in the recording, the scene of the recording, the conversation content in the recording and the like.
And S3, based on the block chain technology, authenticating the electronic evidence according to the electronic data, and judging whether each electronic evidence is qualified.
And authenticating the electronic evidence, and judging whether the electronic evidence is qualified or not one by one. For example, for the recording of the conversation of Zhang three and Li four. First, time information and position information of the recording of liqi, for example, "6/1/2010" and "liqi" are acquired. Then, the terminal and the private key of lie four are used to sign the sound recording (in this embodiment, lie four has the private key and indicates that it has the evidence obtaining authority), and the data in the sound recording and the signature are sent to the block chain node. Then, the validity of the signature in the received sound recording data is checked, and if the signature is valid, the sound recording data, the time information, the position information and the signature are stored in the block chain. And finally, reading the corresponding information of the sound recording from the block chain, comparing the corresponding information with the sound recording copy applying for verification, and if the corresponding information is consistent with the sound recording copy applying for verification, determining that the sound recording copy is qualified. Therefore, the authenticity of the collected recording can be guaranteed, and the recording can be prevented from being modified afterwards.
And S4, packaging and storing the qualified electronic evidence.
The packaging and preservation of the qualifying electronic evidence also needs to be done one by one, for example, for conversation recordings of zhang san and lie san. First, recording data, environmental parameters of a computer, and standard time are acquired. For example, the environmental parameters of the computer: log, operating system, hardware parameters: CPU serial number, network card Mac address, network communication: ip address, standard time: standard time on the internet or beijing time. Then, the recorded sound data, the environmental parameters and the standard time are packaged. Finally, the recording is stored in a designated location in the computer. By adding the environmental parameters of the computer, various environmental parameters of the evidence obtaining computer during evidence obtaining can be checked while checking the electronic evidence. The objectivity and the originality of the electronic evidence are both improved, so that reliable legal basis is provided.
Example 2
The only difference from example 1 is that: and summarizing and storing the electronic evidence according to the time sequence, wherein the electronic evidence is stored in a designated position in the computer, and the designated position is random.
Example 3
Only different from embodiment 1 is that the recognition of the daily language is also performed. In this embodiment, Li IV refers to "ding" and at this time, it is to be distinguished whether the timing fund or the subscription fund is used.
First, a preliminary judgment is made that a fixed fee is output if information of not more than 20% or one-time payment is included, and a subscription is output if information of more than 20% or multiple payment is included, for example, the "ding gold" agreed by zhang san and lie is 3500 yuan, which is less than 20% of the price (20000 × 0.2.2 ═ 4000), and which should be the fixed fee, whereas, the "ding gold" agreed by zhang san and lie is 4500 yuan, which is more than 20% of the price (20000 × 0.2.2 ═ 4000), and which should be the subscription, and further, for example, the "ding gold" agreed by zhang san and lie is one-time payment, which should be the fixed fee, whereas, the "ding gold" agreed by zhang san and lie is twice or three-time payment, and which should be the subscription.
In fact, because the legal knowledge of the parties is limited, it is unclear that the subscription is distinguished from the subscription, ①, the contract for the subscription is a subordinate contract, which is agreed to the subscription without payment, and does not constitute a violation of the main contract, and the contract for the subscription is part of the main contract, which is agreed to the subscription without payment, i.e. constitutes a violation of the main contract, ②, when the party of the parties who delivered and accepted the subscription does not fulfill the contractual obligation, the result of losing or double-returning the advance payment does not occur, the subscription can only do harm to the payment, ③, the amount of the subscription does not exceed 20% of the amount of the main contract, while the amount of the subscription is agreed freely between the parties, and the law generally does not make a restriction. ④, the subscription has a guarantee property, and the subscription has a unilateral behavior, and does not have an obvious guarantee property.
Thus, the party may have an agreement that the "subscription is 5000 dollars," which exceeds 20% of the amount of the contract's target, and the effectiveness of the subscription does not occur in excess of the portion that is legally valid. At this time, the preliminary judgment cannot determine whether the 5000 yuan is a subscription or a deposit. And then, subsequent judgment is needed, three options of 'fixing a deposit', 'making a reservation' and 'not knowing' are output for the user to select, and if the user selects the fixing a deposit or making a reservation, the result is directly output. If the user does not know the selection, further judgment is needed according to the information appointed by Zhang III and Li IV. For example, if lie four mentions "if i come with river salad, you don't pay the tail, then 5000 pieces i don't return", it can be seen that 5000 pieces have a guaranteed nature. Then the agreement of Zhang three and Li four should be "fixed money" and 1000 pieces exceeding 20% of the price have no fixed money effect. For another example, if Zhang three mentions "if you are going to salad, 5000 pieces will cancel 5000 pieces, i pay only 15000 dollars", then 5000 pieces will have the effect of prepayment, and Zhang three and lie four agree on "subscription".
The steps can be understood as instructions or program segments, the instructions are translated into a machine language, and then the signals for controlling certain actions of the robot after the instructions are processed by the processing module can be understood as assembly language. Thus, by compiling these instructions into instruction sets, the robot can understand the instructions and thus achieve self-learning.
The foregoing is merely an example of the present invention, and common general knowledge in the field of known specific structures and characteristics is not described herein in any greater extent than that known in the art at the filing date or prior to the priority date of the application, so that those skilled in the art can now appreciate that all of the above-described techniques in this field and have the ability to apply routine experimentation before this date can be combined with one or more of the present teachings to complete and implement the present invention, and that certain typical known structures or known methods do not pose any impediments to the implementation of the present invention by those skilled in the art. It should be noted that, for those skilled in the art, without departing from the structure of the present invention, several changes and modifications can be made, which should also be regarded as the protection scope of the present invention, and these will not affect the effect of the implementation of the present invention and the practicability of the patent. The scope of the claims of the present application shall be determined by the contents of the claims, and the description of the embodiments and the like in the specification shall be used to explain the contents of the claims.
Claims (10)
1. An electronic evidence collecting and recording method for a legal consultation robot is characterized by comprising the following steps: the method comprises the following steps: s1, extracting an electronic version of the evidence, namely the electronic evidence; s2, adopting the electronic stamp to perform fixed processing on the extracted electronic evidence and extracting electronic data; s3, based on the block chain technology, the electronic evidence is authenticated according to the electronic data, and whether each electronic evidence is qualified or not is judged according to whether the electronic evidence and the legal fact to be proved have logical support or not; and S4, packaging and storing the qualified electronic evidence.
2. The electronic evidence gathering method for legal consultancy robot according to claim 1, characterized in that: step S1 specifically includes: s11, classifying the electronic evidence; and S12, extracting the electronic evidence.
3. The electronic evidence gathering method for legal consultancy robot according to claim 2, characterized in that: step S2 specifically includes: s21, obtaining a HASH value based on the electronic evidence; s22, taking an obfuscated key from the obfuscated key pool; s23, combining the obfuscation key and the original evidence to generate an electronic stamp to fix the electronic evidence; and S24, extracting the electronic evidence data.
4. The electronic evidence gathering method for legal consultancy robot according to claim 3, characterized in that: step S3 specifically includes: s31, acquiring time information and position information of each electronic evidence during collection; s32, signing by using private keys of the terminal and the forensics staff, and sending the electronic data and the signature to the block chain node; s33, checking the validity of the signature in the received electronic data, and if the signature is valid, storing the electronic data, the time information, the position information and the signature into a block chain; and S34, reading the corresponding information of the electronic evidence from the blockchain, comparing the corresponding information with the electronic evidence copy applying for verification, and if the corresponding information is consistent with the electronic evidence copy applying for verification, determining that the electronic evidence copy is qualified.
5. The electronic evidence gathering method for legal consultancy robot according to claim 4, characterized in that: step S4 specifically includes: s41, acquiring electronic evidence, environmental parameters of a computer and standard time; s42, encapsulating the electronic data, the environmental parameters and the standard time; and S43, storing the electronic evidence in a designated position in the computer.
6. The electronic evidence gathering method for legal consultancy robot according to claim 5, characterized in that: in step S43, the electronic evidence is summarized and stored in chronological order.
7. The electronic evidence gathering method for legal consultancy robot according to claim 6, characterized in that: in step S43, the electronic proof is stored in a designated location in the computer, the designated location being random.
8. The electronic evidence gathering method for legal consultancy robot according to claim 7, characterized in that: in step S41, the environment parameters of the computer include: system state and hardware parameters of the computer.
9. The electronic evidence gathering method for legal consultancy robot according to claim 8, characterized in that: in step S41, the standard time is standard time on the internet or standard time provided by a satellite receiver.
10. The electronic evidence gathering method for legal consultancy robot according to claim 9, characterized in that: in step S11, the electronic proof includes: the evidence collected by the user and the evidence collected by other people the user rephrases.
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Cited By (1)
| Publication number | Priority date | Publication date | Assignee | Title |
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| CN113076863A (en) * | 2021-03-31 | 2021-07-06 | 重庆风云际会智慧科技有限公司 | Evidence consolidating method for field law enforcement |
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| CN113076863B (en) * | 2021-03-31 | 2022-06-14 | 重庆风云际会智慧科技有限公司 | Evidence consolidating method for field law enforcement |
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| CN111368080B (en) | 2023-05-26 |
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