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The Influence Of Intelligent Contracts In Block Chain On China's Contract Legal System

Posted on:2020-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:C R ChenFull Text:PDF
GTID:2416330623966898Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The intelligent contract of block chain is a technology that encodes the contract terms and encapsulates them in block chain by hash algorithm and computer program,which can implement self-executing digital protocols according to pre-set rules.When block chains and Intelligent contracts are merged,they develop together.After the Intelligent contract is deployed in the block chain,both parties can ensure that the contract code recording the terms of the contract will be permanently sealed.At the same time,it also has the characteristics of not being tampered with or forged,anonymity and transparency,and automatic execution under the premise of executing trigger conditions.As the application of cognitive technology,intelligent contract under block chain technology can replace some functions of traditional contract law,and will create a new contract legal system with learning characteristics.Even if the scope of adjustment of the "Contract Law of the People's Republic of China" cannot cover Intelligent contracts,the promotion of Intelligent contracts with contractual attributes will inevitably affect China's current contract legal system.Therefore,the "Contract Law of the People's Republic of China" needs to be amended accordingly.In the "Contract Law",the introduction of intelligent contracts based on block chain is to use digital codes to represent contract terms and ensure the automation of contract execution.Intelligent contract can be divided into intelligent contract code,intelligent legal contract and intelligent replacement contract.Typically,after the Intelligent contract signatory agrees to the agreement,the digital protocol that records the required content is embedded in the block chain transaction,and the Intelligent contract is established.However,the de-centralization of the intelligent contract embedding method uses a single hashing algorithm to identify the consistency of all verified network nodes.So how do we solve the problems that arise during the conversion of Intelligent contracts?Secondly,the procedural binding force of the Intelligent contract in its existence is significantly different from the legal effect.At present,the effect of intelligent contract can only be regarded as the expected enforcement effect between the parties.The author will analyze the difference between the establishment and effectiveness of intelligent contracts under block chain technology.In addition,the intelligent contract based on the block chain technology can effectively control the intelligent assets and have animpact on the possession theory.At present,Intelligent contracts usually provide only ex-post facto relief.What should be done when the parties violate the law through intelligent contracts,the contracting capacity of the subject of intelligent contracts,the security function of Intelligent contracts affecting user credit issues in anonymous transactions?When a Intelligent contract runs with a coding error,can a major misunderstanding theory be applied?In addition,it is worth noting that the implementation mechanism of Intelligent contracts is mainly based on simple pre-defined scenarios,and it is impossible to accurately judge decisions in uncertain scenarios.At the same time,Intelligent contract transactions also lack real-time,which brings great risks to the realization of time-benefit Intelligent contracting purposes.The current contract system of our country is not clear and sufficient about the intelligent contract.Therefore,it is necessary to improve the relevant norms of our country,including the intelligent contract mechanism,so that the intelligent contract can operate under the framework of our contract legal system.
Keywords/Search Tags:Intelligent contract, Block chain, Contract
PDF Full Text Request
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