Civil Law Adjustment Of Digital Assets Under Blockchain Technology

Blockchain technology is leading a new round of global technological and industrial changes,blockchain technology-based digital assets emerged,it has brought new legal problems to the legal profession,so that the current legal system has been affected.Due to the lack of provisions on digital assets under blockchain technology in our country,coupled with the legal problems of digital assets in the theoretical circles,digital assets can not be effectively protected.Therefore,this paper is divided into four parts to discuss the legal regulation of digital assets under blockchain technology.The first part of this paper mainly discusses the general problem of digital assets under blockchain technology.First of all,through the definition of blockchain technology,the underlying support technology of digital assets-blockchain technology,the digital assets studied in this paper are represented by Bitcoin,Ether are based on the new blockchain technology,the concept of blockchain technology,especially its de-centralization characteristics,It is the key to explore the legal dispute resolution path of digital assets.Then,the first part defines the digital assets under blockchain technology and analyzes the relevant concepts of digital assets,accurately expounds the scope of digital assets and their uniqueness.Finally,the first part of the digital assets of the need for civil law regulation,which is the significance of this paper.The second part of this paper is to explain the legal positioning of digital assets under blockchain technology,that is,digital assets should be recognized as "valuable things".In this part,the author summarizes the theory of domestic and foreign and judicial practice,including "currency theory","network virtual property","securities talk" and "information data talk",and evaluate sedatives,comprehensive analysis has drawn the author's point of view,digital assets belong to "things of exchange value and value of use".The third part of this paper is a comparative study and reference to the civil law regulation of digital assets under blockchain technology.Federal and state governments have enacted legal documents on digital assets,particularly in Arizona and Wyoming.Russia has introduced the Draft Law on Digital Financial Assets,which is stipulated by Russia from the legislative level,which is of great significance to China's digital asset legislation.Germany has also documented digital assets,and Germany is the first country in the world to recognize bitcoin's legal status as a currency,while the People's Bank of China has issued a Notice on The Prevention of Bitcoin Risk,which considers Bitcoin to be a specific virtual commodity.The different understandings of Bitcoin in Germany and China are beneficial to the multi-directional analysis of digital assets in China,so as to arrive at the nature of digital assets and resolve legal disputes.The fourth part of this paper summarizes the legal disputes arising in digital assets under blockchain technology in China.In this part of the analysis of a large number of judicial cases,the author has drawn the current situation of the number and growth of digital assets in China,the case is more complex and controversial,reflecting the seriousness of the legal issues of digital assets.This part also summarizes the legal problems of the existence of digital assets from the three levels of property law,contract law and tort liability law.This is the entry point of this paper,but also the key to solve the legal problems of digital assets,from the actual problems,to obtain the legal law of digital assets.The fifth part of this paper is the focus of the article,this part of the comparative study of foreign legislation and the legal problems existing in domestic judicial practice from the property law,contract law and tort liability law three angles to explore the legal law of digital assets.First of all,to determine the property rights of digital assets property rights content,the digital assets of property law protection.Then,it is clear that there are legal issues involved in digital asset transactions,including the identification of smart contract offers and commitments,the establishment of digital asset contracts,etc.Finally,the civil liability of infringement of digital assets is expounded to ensure that the right holder's digital assets can be effectively reliefd and their legitimate rights and interests are safeguarded.This paper hopes to build a system of legal regulation of digital assets through the study of digital assets-related issues under blockchain technology,and realize the utilization,protection and effective supervision of digital assets,which is of reference to the further development of related research.It is also conducive to the development of the digital asset industry and China's digital economy.