Legal Regulation Of Smart Contract In Digital Currency Electronic Payment

Different from digital currencies such as "bitcoin" and "pet currency",Digital Currency Electronic Payment is a legal currency in digital form issued by The People’s Bank Of China.It is equivalent to physical RMB and has value and legal compensation.Digital Currency Electronic Payment adopts the mode of centralized management and two-tier operation,and the technical route of issuance is optional.Therefore,smart contracts can be widely applied in Digital Currency Electronic Payment based on blockchain technology.However,as an emerging thing under the development of digital economy,the smart contract in the Digital Currency Electronic Payment is different from the traditional contract.It has special properties such as automatic execution and irreversible operation,and there are some legal problems such as difficult to determine the validity,unadaptable performance rules,insufficient relief for breach of contract,and lack of supervision,which affect the stability and security of the Digital Currency Electronic Payment.There are a lot of gaps in the legal regulation of smart contract in Digital Currency Electronic Payment,which hinders the circulation of Digital Currency Electronic Payment and the development of smart contract.Therefore,it is necessary to accelerate the research on the legal regulation of smart contract in Digital Currency Electronic Payment,ensure the security and stability of smart contract performance in Digital Currency Electronic Payment,improve the management system in Digital Currency Electronic Payment,and promote the development of digital economy and the process of RMB internationalization.The thesis mainly consists of the following four chapters:Chapter 1 introduction mainly includes the background,significance,research ideas,methods,and review of the research status at home and abroad,which provides the theoretical and practical basis for this thesis to study the legal regulation of smart contract in Digital Currency Electronic Payment.The second chapter is the basic issues of the legal regulation of smart contract in Digital Currency Electronic Payment.This thesis introduces the basic connotation,characteristics,application scenarios and nature of smart contract in Digital Currency Electronic Payment,analyzes the necessity of legal regulation of smart contract,an emerging thing in Digital Currency Electronic Payment sorts out the basic theories of legal regulation of smart contract in Digital Currency Electronic Payment,and provides theoretical basis for legal regulation of smart contract in the following thesis.The third chapter is the defects of legal regulation of smart contract in Digital Currency Electronic Payment.Based on the perspective of contract,according to the particularity of its operation process,this thesis studies the deficiencies of smart contracts in the four aspects of contract validity,performance rules,breach relief and regulatory protection in Digital Currency Electronic Payment.The fourth chapter is to improve the legal regulation of smart contract in Digital Currency Electronic Payment.This thesis puts forward suggestions to improve the defects of smart contracts in Digital Currency Electronic Payment in four aspects:contract validity,performance rules,breach relief and regulatory protection.In terms of the validity of the contract,it is presumed that the subject of the transaction has the capacity to act,and the authenticity of the expression of intention and the legality of the contract content are regulated.In the performance of the rules,improve the use of the right of defense rules,clear the special conditions of contract change,establish a new contract termination rules;In terms of relief for breach of contract,the code interpretation rules are refined,the liability division of parties is determined,and the subsequent dispute handling methods are clarified.In terms of supervision and protection,it is necessary to define the responsibilities of regulatory subjects,define the main objects of supervision,and clarify the contents and methods of supervision.