CN111368080B - Electronic evidence collection method for legal consultation robot - Google Patents

Electronic evidence collection method for legal consultation robot Download PDF

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CN111368080B
CN111368080B CN202010132140.XA CN202010132140A CN111368080B CN 111368080 B CN111368080 B CN 111368080B CN 202010132140 A CN202010132140 A CN 202010132140A CN 111368080 B CN111368080 B CN 111368080B
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CN111368080A (en
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吴怡
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Chongqing Best Daniel Robot Co ltd
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    • H04L9/06Cryptographic mechanisms or cryptographic arrangements for secret or secure communications; Network security protocols the encryption apparatus using shift registers or memories for block-wise or stream coding, e.g. DES systems or RC4; Hash functions; Pseudorandom sequence generators
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    • Y02DCLIMATE CHANGE MITIGATION TECHNOLOGIES IN INFORMATION AND COMMUNICATION TECHNOLOGIES [ICT], I.E. INFORMATION AND COMMUNICATION TECHNOLOGIES AIMING AT THE REDUCTION OF THEIR OWN ENERGY USE
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Abstract

The invention relates to the technical field of legal consultation services, in particular to an electronic evidence acquisition and recording method for a legal consultation robot, which comprises the following steps: s1, extracting an electronic version of evidence, namely electronic evidence; s2, fixing the extracted electronic evidence by adopting an electronic stamp, and extracting electronic data; s3, based on a blockchain technology, authenticating the electronic evidence according to the electronic data, and judging whether each electronic evidence is qualified or not according to whether the electronic evidence and legal facts to be proved have logic support or not; and S4, packaging and storing qualified electronic evidence. The method can ensure the authenticity of the collected electronic evidence and ensure that the electronic evidence is not modified after the fact; the early-stage simple acquisition and fixation are carried out at the robot end, so that the technical problem of low credibility of the traditional electronic evidence acquisition method is solved.

Description

Electronic evidence collection method for legal consultation robot
Technical Field
The invention relates to the technical field of legal consultation services, in particular to an electronic evidence acquisition and recording method for a legal consultation robot.
Background
At present, the application of legal service robots in China is more and more extensive, and people can enjoy free, accurate, timely and effective legal service through the legal robots. Since the legal level of most people is not high, the provided evidence information is mainly words, pictures, audio records and video records, and the words, pictures, audio records and video records are difficult to form a complete evidence chain, so that a legal service robot is difficult to provide high-quality legal service according to the evidence provided by users.
In this regard, document CN106296528A discloses a method and system for evidence collection and processing, where the method for evidence collection and processing includes the following steps: the mobile terminal collects the data of the evidence; adding a time stamp and geographic position information into the acquired evidence data; generating evidence chain evidence obtaining data according to the evidence data, the time stamp and the geographic position information; the invention further provides a evidence collection and processing system, which is used for uploading evidence chain evidence obtaining data after encryption processing and generating an electronic query code. The evidence collection and processing method and system provided by the invention can ensure that the evidence obtaining result is safe, reliable, complete and reliable.
In the information age, electronic evidence is becoming more and more common and important. However, since electronic evidence is easily counterfeited and tampered, the credibility is always questioned when the case is proved. Therefore, measures are necessary to fix the electronic evidence and prevent the electronic evidence from being modified. However, the fixing of the electronic proof is complicated, and a special certification authority is required. Therefore, the existing electronic evidence collection method has the problem of low credibility.
Disclosure of Invention
The invention provides an electronic evidence collection method for a legal consultation robot, which is used for simply collecting and fixing the electronic evidence at the front stage of the robot end and solving the technical problem of low credibility of the traditional electronic evidence collection method.
The basic scheme provided by the invention is as follows: an electronic evidence collection method for a legal consultation robot, comprising the steps of: s1, extracting an electronic version of evidence, namely electronic evidence; s2, fixing the extracted electronic evidence by adopting an electronic stamp, and extracting electronic data; s3, based on a blockchain technology, authenticating the electronic evidence according to the electronic data, and judging whether each electronic evidence is qualified or not according to whether the electronic evidence and legal facts to be proved have logic support or not; and S4, packaging and storing qualified electronic evidence.
The working principle of the invention is as follows: by saving the electronic data and related information into the blockchain, the electronic evidence is saved by taking advantage of the non-tamperable nature of the data provided by the blockchain. And the electronic evidence is ensured not to be modified afterwards by reading the related information from the blockchain for comparison verification. Meanwhile, the early-stage simple collection and fixation are carried out at the robot end, and the submitting time can be proved by submitting the sample to the robot; when the evidence is used as forensic evidence, indirect evidence generated in the consultation process also 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 adopts the blockchain technology, so that the authenticity of the collected electronic evidence can be ensured, the electronic evidence can be ensured not to be modified afterwards, and the technical problem of low credibility of the traditional electronic evidence collecting method is solved.
Further, the step S1 specifically includes: s11, classifying the electronic evidence; s12, extracting electronic evidence. The electronic evidence provided by the user may include multiple categories, such as WeChat chat logs, contracted electronic text, and talking audios, and the characteristics of each of these electronic evidences determine the manner in which they are extracted and the time spent. Therefore, classification thereof is advantageous for improving the extraction efficiency.
Further, the step S2 specifically includes: s21, obtaining a HASH value based on electronic evidence; s22, taking out a mixed key from the mixed key pool; s23, generating an electronic stamp by combining the confusion key and the original evidence to fix the electronic evidence; s24, extracting electronic evidence data. HASH values are a unique and extremely compact binary representation of a piece of data that can be effectively verified for data integrity, thereby securing electronic evidence against tampering.
Further, the step S3 specifically includes: s31, acquiring time information and position information of each electronic evidence during acquisition; s32, signing by using private keys of the terminal and the evidence obtaining personnel, and sending the electronic data and the signature to the blockchain 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; s34, reading corresponding information of the electronic evidence from the blockchain, comparing the corresponding information with the electronic evidence copy applied for verification, and if the corresponding information is consistent with the electronic evidence copy applied for verification, judging that the evidence copy is qualified. Blockchains are serially connected by cryptography and protect serial records of content, which is difficult to tamper with. Therefore, the authenticity of the collected electronic evidence can be ensured, and the electronic evidence can be ensured not to be modified afterwards.
Further, the step S4 specifically includes: s41, acquiring electronic evidence, environmental parameters of a computer and standard time; s42, packaging the electronic data, the environmental parameters and the standard time; 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 the electronic evidence is checked. The objectivity of the electronic evidence is improved, the originality of the electronic evidence is ensured, and therefore reliable legal basis is provided.
Further, in step S43, the electronic evidence is summarized and stored in chronological order. And the electronic evidence is summarized and stored according to the time sequence, so that the searching is facilitated.
Further, in step S43, the electronic proof is stored in a specified location in the computer, which is random. By disturbing the order of the electronic evidence in the storage space of the computer, the electronic evidence can be prevented from being divulged.
Further, in step S41, the environmental parameters of the computer include: system state and hardware parameters of a computer. The environmental parameter information can truly reflect the state of the electronic evidence, so that the objectivity of the electronic evidence is improved.
Further, in step S41, the standard time is a standard time on the internet or a standard time provided by a satellite receiver. Accurate time information can be provided for the electronic evidence, whether standard time on the internet or standard time provided by a satellite receiver.
Further, in step S11, the electronic proof includes: evidence collected by the user and evidence collected by other people transferred by the user. The electronic evidence provided by the user is acquired by the user, such as WeChat chat screen capturing; some are provided by others, such as electronic invoices issued by others.
Drawings
FIG. 1 is a flow chart of an embodiment of an electronic evidence adoption method for a legal consultation robot of the present invention.
Detailed Description
The following is a further detailed description of the embodiments:
example 1
The embodiment of the electronic evidence collection method for the legal consultation robot is basically shown in the attached figure 1, and comprises the following steps: s1, extracting an electronic version of evidence, namely electronic evidence; s2, fixing the extracted electronic evidence by adopting an electronic stamp, and extracting electronic data; s3, based on a blockchain technology, authenticating the electronic evidences according to the electronic data, and judging whether each electronic evidence is qualified or not; and S4, packaging and storing qualified electronic evidence.
In this embodiment, there is contract disputes between Zhang three and Lisi four. The content is approximately as follows: "5 tons of river sand are purchased from the plum four in 6 months of … Zhang Sanyu and 1 month, a river sand buying and selling contract is signed in the same day, the plum four transports the river sand warranty to a stone dam nearby Zhang Sanjia within 15 days of the contract, and the Zhang Sanjia receives the river sand to pay for once. And when the plum four transports the river sand to a stone dam nearby Zhang Sanjia, the price of the river sand is required to be paid for Zhang Sanjia by 2 ten thousand yuan in 6 th 2010. Zhang three indicates that there is no money temporarily, a 2 ten thousand yuan arrears is willing to be delivered to Li four, and the 6 month end pays off the arrears, during which the interest is paid according to the bank contemporaneous interest rate, and Li four indicates agreement. In the year 7 and 1 2010, the plum four handhold debt is sent to three houses, and payment of debt and interest is required. Zhang three indicates that the business loss has not been recovered from profit, and the five kings borrowed for 4 ten thousand yuan on day 28 of 6 months, and the borrowing is shown in Liqu. And Li IV indicates that Zhang three is suspected of relying on accounting and informs Zhang three that recording and video recording are carried out by a mobile phone when contracting and leaving. Zhang Sanjing, which shows immediate money return, but takes three days to prepare …' Liqu to protect legal rights and interests, and actively seeks legal assistance from the legal consultation robot. In order to provide high-quality and efficient legal services, the legal consultation robot needs to record electronic evidence provided by Lifour.
S1, extracting an electronic version of the evidence, namely electronic evidence.
The Lifour can directly provide the electronic evidence, and can also input the electronic evidence in a dictation mode. These electronic evidences may be acquired by the plum four themselves, such as by collecting photographs of river sand trade contracts taken by the plum four; or other people can provide the four-purpose items to the Li, such as Zhang Sanxiang taken by the Wang five-purpose collection, which is a 4-ten-thousand-yuan debt of borrowing. First, after the legal consultation robot receives the electronic evidence input by the Li four, the electronic evidence is classified. In classification, the electronic evidence may be classified according to a general classification standard, for example, the electronic evidence is classified into: "(1) contract text, invoice, debt, borrow, (2) witness: voice, video, or witness text signed by the witness; (3) chat record: e.g. WeChat, QQ, call record, (4) audio/video recording: such as dialogue recordings, negotiation recordings "; clustering algorithms may also be employed to classify, such as "under-run" and "borrowed" into "debt vouchers. Then, electronic evidence such as a conversation recording, a photograph of a river sand trade contract is extracted.
S2, fixing the extracted electronic evidence by adopting an electronic stamp, and extracting electronic data.
The electronic stamp is a HASH value derived from electronic evidence, each of which has a HASH value. For any one of the electronic evidences, say, recording of speech for Zhang three and Lifour. Firstly, obtaining a HASH value from a talking recording, namely converting a binary value of the recording into the HASH value by adopting a HHASH algorithm; then, a confusing key is taken out from the key pool; and then, combining the confusion key and the obtained HASH value to fix the record. Thus, the original electronic stamp is simply a HASH value, and now a garbled key is added. Thus, the current electronic stamp contains three pieces of information: HASH value, confusing key, and a combination of both, thus fixing the recording well. Finally, the data in the recording, such as the time, place, principal in the recording, scene of the recording, and talk content in the recording, etc., are extracted.
And S3, authenticating the electronic evidences according to the electronic data based on the blockchain technology, and judging whether each electronic evidence is qualified or not.
And authenticating the electronic evidence, judging whether the electronic evidence is qualified or not, and carrying out one by one. For example, for recording of speech for Zhang three and Li four. First, time information and position information of the recording recorded by the plum four are acquired, for example, "6 th month 1 day 2010", "plum four families". Then, the record is signed using the private keys of the terminal and the Li-IV (in this embodiment, li-IV has the private key, meaning that it has evidence-taking authority), and the data in the record and the signature are sent to the blockchain node. And then checking the validity of the signature in the received recording data, and if the signature is valid, storing the recording data, the time information, the position information and the signature into a blockchain. And finally, reading corresponding information of the record from the blockchain, comparing the corresponding information with the record copy applied for verification, and if the corresponding information is consistent with the record copy applied for verification, judging that the record copy is qualified. Therefore, the authenticity of the collected sound recordings can be guaranteed, and the sound recordings can be guaranteed not to be modified afterwards.
And S4, packaging and storing qualified electronic evidence.
The encapsulation and preservation of the qualified electronic proof also needs to be done one by one, for example, for recording of conversations for Zhang three and Lifour. Firstly, recording data, environmental parameters of a computer and standard time are acquired. For example, environmental parameters of a 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. The recorded data, environmental parameters and standard time are then encapsulated. Finally, the sound 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 the electronic evidence is checked. The objectivity of the electronic evidence is improved, the originality of the electronic evidence is ensured, and therefore reliable legal basis is provided.
Example 2
The only difference from example 1 is that: and summarizing and storing the electronic evidences according to the time sequence, wherein the electronic evidences are stored in designated positions in the computer, and the designated positions are random.
Example 3
The only difference from example 1 is that the daily language is also recognized. In this embodiment, the plum four refers to "ding gold", and this time, it is to be distinguished whether to make a gold or a gold.
First, pre-judgment is performed: outputting a subscription if no more than 20% or one-time payable information is included; if more than 20% or more of paid-out information is included, a subscription is output. For example, zhang three and Liu four have a convention of "ding gold" of 3500 yuan, which is less than 20% of the price (20000×0.2=4000), and "ding gold" should be fixed gold; conversely, if the contract "ding gold" for Zhang three and Li four is 4500 yuan, the "ding gold" is greater than 20% of the price (20000×0.2=4000), and the "ding gold" should be an order. For another example, zhang three and Lifour agree that "ding gold" is one-time clear, and the "ding gold" should be fixed gold; conversely, if the three and four items of land are paid off twice or three times, the land should be a subscription.
In fact, the distinction between subscription and gold is not clear due to the limited legal knowledge of the parties: (1) the contract for delivering the subscription is a slave contract, which is about to deliver the subscription and is unpaid, and does not form violation of the master contract; and the contract for delivering the contract fee is a part of the main contract, and the contract fee is delivered according to the contract and is not delivered, namely, the violation of the main contract is formed. (2) When the party who delivers and receives the subscription does not fulfill the contractual debt, no loss or double return of the pre-payment results occur and the subscription can only be made as a damage reimbursement. (3) The amount of the fund is not more than 20% of the amount of the main contract standard; while the amount of the subscription is in accordance with the free agreement between the parties, the law is generally not limiting. (4) The subscription has a guarantee property, but the subscription is only a unilateral action, and has no obvious guarantee property.
Thus, a principal may develop a contract that "rates 5000 yuan" that exceeds 20% of the contract's amount, with the excess not legally effecting the rate. At this point, the pre-determined decision cannot determine whether the 5000 elements are subscription or subscription. Then, the subsequent judgment is needed to be carried out, three options of 'fixed gold', 'ordered gold' and 'unknown' are output for the user to select, and if the user selects fixed gold or ordered gold, the result is directly output. In case the user chooses not to know, further decisions need to be made based on the information about Zhang three and Li four conventions. For example, if Li IV mentions "if I pull Hesha you don't pay for the tail, 5000I don't go back", it is seen that 5000 blocks have a guaranteed nature. Then the Zhang three and Liu four conventions should be "fixed" while those 1000 blocks that exceed 20% of the price have no fixed effectiveness. For another example, if Zhang San mentions that if you have salad the river, this 5000 blocks offset 5000 blocks, i pay only 15000 yuan, then this 5000 blocks has the effect of prepayment, and Zhang San and Lisi four conventions should be "order".
The steps described above may be understood as instructions or program segments, which translate the instructions into machine language, and the signals that control a certain action of the robot after the instructions are processed by the processing module may be understood as assembly language. Thus, by compiling the instructions into instruction sets, the robot can understand the instructions, thereby realizing self-learning.
The foregoing is merely an embodiment of the present invention, and a specific structure and characteristics of common knowledge in the art, which are well known in the scheme, are not described herein, so that a person of ordinary skill in the art knows all the prior art in the application day or before the priority date of the present invention, and can know all the prior art in the field, and have the capability of applying the conventional experimental means before the date, so that a person of ordinary skill in the art can complete and implement the present embodiment in combination with his own capability in the light of the present application, and some typical known structures or known methods should not be an obstacle for a person of ordinary skill in the art to implement the present application. It should be noted that modifications and improvements can be made by those skilled in the art without departing from the structure of the present invention, and these should also be considered as the scope of the present invention, which does not affect the effect of the implementation of the present invention and the utility of the patent. The protection scope of the present application shall be subject to the content of the claims, and the description of the specific embodiments and the like in the specification can be used for explaining the content of the claims.

Claims (9)

1. An electronic evidence collection method for a legal consultation robot is characterized by comprising the following steps:
s1, extracting an electronic version of evidence, namely electronic evidence;
s2, fixing the extracted electronic evidence by adopting an electronic stamp, and extracting electronic data;
s3, authenticating the electronic evidence according to the electronic data, and judging whether each electronic evidence is qualified or not according to whether the electronic evidence and legal facts to be proved have logic support or not;
s3, specifically comprising: s31, acquiring time information and position information of each electronic evidence during acquisition; s32, signing by using private keys of the terminal and the evidence obtaining personnel, and sending the electronic data and the signature to the blockchain 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; s34, reading corresponding information of the electronic evidence from the blockchain, comparing the corresponding information with the electronic evidence copy applied for verification, and if the corresponding information is consistent with the electronic evidence copy applied for verification, judging that the evidence copy is qualified;
in S3, the daily language is also identified: firstly, performing pre-judgment, and outputting a deposit if the pre-judgment comprises no more than 20% or one-time paid information; outputting a subscription if more than 20% or more of the paid-up information is included; then, carrying out subsequent judgment, outputting the fixed gold, the ordered gold and three options which are not known for the user to select, and if the user selects the fixed gold or the ordered gold, directly outputting a result; if the user selection is unknown, judging according to the agreed information;
and S4, packaging and storing qualified electronic evidence.
2. The method for electronic evidence collection for legal consultation robot of claim 1, characterized in that step S1 specifically includes: s11, classifying the electronic evidence; s12, extracting electronic evidence.
3. The method for electronic evidence collection of legal consultation robot of claim 2, characterized in that step S2 specifically includes: s21, obtaining a HASH value based on electronic evidence; s22, taking out a mixed key from the mixed key pool; s23, generating an electronic stamp by combining the confusion key and the original evidence to fix the electronic evidence; s24, extracting electronic evidence data.
4. The electronic evidence collection method for legal consultation robot of claim 3, characterized by the fact that step S4 specifically includes: s41, acquiring electronic evidence, environmental parameters of a computer and standard time; s42, packaging the electronic data, the environmental parameters and the standard time; s43, storing the electronic evidence in a designated position in the computer.
5. The method for collecting and recording electronic evidence for legal consultation robot of claim 4, characterized in that in step S43, the electronic evidence is collected and stored in time sequence.
6. The method for electronic evidence collection for legal consultation robots of claim 5, characterised in that in step S43 the electronic evidence is stored in a computer in a specified location, which is random.
7. The electronic proof recording method for legal consultation robot of claim 6, characterised in that in step S41, the environmental parameters of the computer include: system state and hardware parameters of a computer.
8. The method for electronic evidence collection for legal consultation robots of claim 7 characterised in that in step S41 the standard time is a standard time on the internet or a standard time provided by a satellite receiver.
9. The method for electronic evidence collection for legal consultation robot of claim 8, characterised in that in step S11 the electronic evidence includes: evidence collected by the user and evidence collected by other people transferred by the user.
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