Research On Private Law Regulation Of Smart Contract

The progress of block chain technology in the Internet era not only brings convenience to commercial transactions,but also affects the existing legal system to a certain extent.Various new types of contracts emerge endlessly,which has changed the definition of traditional contracts in the legal circle.As a new type of contract,the development and application of intelligent contract deeply reflects the organic interaction between the current law and science and technology in China.This kind of contract takes the form of code and runs in the block chain.It is different from the traditional contract in the way of contract signing,existence and performance.When recording contract terms,smart contracts use computer language rather than legal language.The natural difference between code voice and natural language of intelligent contract,the existence of decentralization and tamper ability of intelligent contract,the conflict between intelligent contract and traditional law requires the positive response of private law,and the contradiction between intelligent contract and traditional contract should be coordinated with the openness and inclusiveness of private law.This paper will discuss the operation mechanism and legal characteristics of intelligent contract,the dispute of private law attribute of intelligent contract and the confirmation of contract attribute,the digestion of core private law principles such as honesty and credit,intention autonomy,public trust publicity and the influence on specific legal rules,impact of intelligent contract on traditional economic system,and the conception of adjustment system of private law of intelligent contract And analyze the private law attribute and regulation measures of intelligent contract.The first part of this paper mainly introduces the operation mechanism and legal characteristics of intelligent contract.Firstly,the evolution and development of intelligent contract under block chain technology are introduced.Thirdly,the paper explains the operation mechanism of intelligent contract from dynamic and static aspects.Finally,it discusses the legal characteristics of intelligent contract and deeply understands the legal structure of intelligent contract.The second part of the paper summarizes the different views of the academic community on the nature of intelligent contract and discusses the nature of the contract.It mainly focuses on two aspects: on the one hand,it is about the theoretical discussion of the nature of intelligent contract.There are claims of computer programs and those belonging to contracts;on the other hand,it is the proof that the intelligent contract has the contract attribute.The intelligent contract conforms to the definition of the contract in the traditional contract and the main body,object and rights and obligations that the contract should have.The third part analyzes the impact of intelligent contract on the traditional private law system.First,smart contract has been widely used in finance,medical and other fields,and the application scenarios are diversified;secondly,the impact and influence of intelligent contract on the basic principles of private law,such as honesty and credit principle,self-government principle of intention,public trust principle,etc.are analyzed;thirdly,it is difficult to identify the meaning of both parties in the intelligent contract and the agreement of intelligent contract on contract The influence of rules,the challenge of the intelligent contract and the private law rules such as the traditional contract can be changed and transferred.Finally,the smart contract has a significant impact on the traditional economic system.The fourth part of the article discusses the basis of the above,clear the private law regulation concept of intelligent contract,under comprehensive consideration,the intelligent contract should be included in the contract law system for specific adjustment,determine the access mechanism of intelligent contract information service provider,standardize the legal responsibility of the information service provider of intelligent contract,and put forward suggestions for improving the contract system and standardizing the application of intelligent contract.