Research On Legal Regulation Of Smart Contracts

With the in-depth development of the application field of blockchain technology,the attention of all sectors of society to smart contracts has been increasing.Smart contract technology makes centralized certification by authoritative regulators no longer a necessity.Smart contracts that can build user trust to the maximum,fastest speed and minimum cost and ultimately maximize transaction security have penetrated into all aspects of social life such as social management,financial transactions,judicial evidence storage,logistics trade,and real-time electricity price calculation.At the same time,digital codes go hand in hand with risks.Smart contracts are an important means to realize the effective allocation and circulation of resources,and the participants have the characteristics of multi-level complexity.Contract users scattered all over the world rely on the blockchain system for transactions,and once a data breach occurs,it will cause a wide-ranging and serious security crisis.The current legal regulation model cannot deal with the smart contract security risk events that have appeared in the international community.Relevant legal rules are not systematic enough,basic issues such as the legal nature of smart contracts and the distribution of responsibilities have not been effectively addressed in legislation,and the strong inertia of concepts such as technological neutrality and technological innocence makes smart contract technology in a gray area of ??regulatory blanks.It is of great significance to establish a sound and systematic smart contract legal regulation system.This article is divided into four parts.The first part is "Basic Theory of Smart Contracts",which mainly provides a preliminary explanation of the basic principles,characteristics and application scenarios of smart contracts,and intersperses relevant cases to analyze the possible risks of smart contracts.It is pointed out that The necessity of legal regulation of smart contracts;the second part is "the predicament of existing legal regulation of smart contracts",which is mainly expounded from the legislative and regulatory levels;the third part is "the status quo of legal regulation of smart contracts inside and outside the territory",mainly expounding Relevant experience and measures of legal regulation of smart contracts inside and outside the region;the fourth part is "Suggestions for the improvement of legal regulation of smart contracts",this part starts from a practical point of view,focuses on technology and social reality,and refers to relatively mature relevant legislation outside the region.And regulatory experience,try to put forward stronger and more transparent countermeasures from the legal context,and improve my country's right to speak in the field of science and technology legislation and data governance.