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A Study On The Construction And Risk Prevention Of Smart Contract

Posted on:2021-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:T Y ZhangFull Text:PDF
GTID:2416330626461144Subject:Law
Abstract/Summary:PDF Full Text Request
At present,blockchain has set off a wave of research in the world,and has become the core technical force leading the fourth scientific and technological revolution.The arrival of blockchain2.0 indicates that the field of blockchain has not yet been applied has gradually changed from the field of digital currency to the field of smart contract.The concept of smart contract was first proposed by computer scientist Nick Saab in 1994,but it was not paid enough attention to under the limitation of technical conditions at that time.The blockchain technology gives the smart contract a new vitality.The smart contract based on the blockchain technology realizes the value transmission function of the Internet,on top of the Internet based information transmission function.Therefore,the development of the smart contract will inevitably cause great changes in related fields,which is worthy of our research and analysis.As the most important connection point between blockchain technology and legal science,the research on the legal issues of smart contract is gradually increasing,and the number of related papers is increasing year by year.For the legal issues and risk regulation of the blockchain smart contract,this paper adopts the literature research method.Based on the study and summary of the existing literature and materials,combined with the technical and legal characteristics of the smart contract,it analyzes the technical and legal reasons for the risk of the smart contract,and puts forward corresponding suggestions for the legal regulation and risk prevention of the smart contract.In addition to the introduction and conclusion,this paper is divided into four parts: the first part describes the research background and research status of smart contract,as well as the current risk events related to smart contract,and puts forward the legal regulation and risk prevention of smart contract;the second part introduces the technical structure and legal structure of smart contract,based on which it is clear that The related technical characteristics of the legal level of smart contract determine the contract attributes of smart contract,and analyze the operation process of smart contract under the framework of contract law with reference to the application process of traditional contract;the third part analyzes the technical loopholes and code defects of smart contract,as well as the impact of the legal level of smart contract on the current legal systemand the current legal system In the fourth part,it first demonstrates the improvement of smart contract technology itself,and then suggests that we should establish technical standards and introduce supervision sandbox model to prevent the technical risks of smart contract.Finally,it analyzes the application of smart contract in the framework of the current private law system,and puts forward corresponding modification suggestions in order to be smart The legal regulation of contract puts forward some suggestions for reference.In the future,in the aspect of risk prevention and control of smart contracts,we need code and law to integrate,promote and play their regulatory role together,so as to better cope with the risks and challenges brought by smart contracts.
Keywords/Search Tags:smart contract, construction, legal regulation, risk control
PDF Full Text Request
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