Abstract: The technical advantages and application at home and abroad of blockchain have made it inseparable from the current social life and legal relations, and then after the dispute arising, it is bound to bear the evidence function of finding out the facts, safeguarding the rights and proving the responsibility. Blockchain electronic evidence is not only divided into various types under their own features, but also has common technical characteristics. They are the decisive factors of its basic attributes of evidence - evidence ability and probative force. At the same time, the two basic attributes of evidence are the relationship of one integrity with both sides in judicial application, which can not be separately examined. Although the positive law affirms the judicial application of blockchain electronic evidence, it still faces a variety of challenges that may lead to its loss of evidential ability or reduction of probative force. In practice, many cases also have indirectly responded to the above challenges, and their common principles are worth learning.

Key words: blockchain, electronic evidence, types of evidence, evidence ability, probative force

摘要： 区块链的技术优势及国内外应用，使得其与当下社会生活、法律关系已密不可分，继而在纠纷发生后必然要承担查清事实、维护权利、证成归责的证据功能。区块链电子证据既在各自特点下分为多种类型，又具有共同的技术特征，它们是其证据基本属性——证据能力及证明力的决定性因素。同时，证据的两个基本属性在司法适用中是“一体两面”的关系，不可将有一定区别的它们完全割裂开来考察。尽管实证法肯定了区块链电子证据的司法适用，但它仍然面临着多种可能致其丧失证据能力或证明力降低的挑战，实践中亦有多个案例间接回应了上述挑战，其共通原理值得借鉴。

关键词: 区块链, 电子证据, 证据类型, 证据能力, 证明力