Research On Smart Contract Relief Mechanism

Smart contracts that rely on blockchain technology to survive are the product of the combination of technology and law,which is worth our research.This paper adopts literature analysis method,normative analysis method and comparative analysis method,on the basis of interpreting existing laws and regulations,collects a lot of literature data,and clarifies the legal attributes of smart contract from the similarities between smart contract and traditional contract,and draws the conclusion that smart contract is a kind of smart legal contract.In addition,the anonymization of smart contracts will lead to difficulties in identifying the behavioral capacity of civil subjects,the automatic execution will lead to the limitation of the free will of the parties,and the decentralization will exclude the traditional dispute resolution mechanism and other risks.At the same time,these risks will also lead to a series of application problems in the field of civil law system.For example,it is difficult to judge the capacity of civil subjects and the validity of smart contracts.The limitation of the true intention of the parties not only makes it difficult for the parties to exercise the contract performance of the right of defense,cancellation,cancellation and other relevant contractual rights,but also makes the rules of force majeure and change of circumstances have no applicable space.Smart contract disputes are neither suitable for traditional offline dispute resolution mechanism nor diversified online dispute resolution mechanism to choose from.To solve the above problems,the author proposed to build a unified digital identity authentication mechanism,a super user suspension mechanism and an online dispute resolution mechanism with Chinese characteristics,which together form a smart contract relief mechanism.This paper consists of four parts: the first part explains the concept and technical characteristics of smart contract;The second part analyzes the risk points that may be brought by the characteristics of smart contract in detail;The third part introduces the relief of smart contracts in non-regional countries and regions.The fourth part aims at the related risks of the second part of the smart contract,combined with the overseas experience of the third part,and puts forward the corresponding improvement of the relief mechanism.The remedy of smart contract is based on code autonomy,and the risk points of smart contract are managed,which can not only promote the mutual integration of technology and law,but also better deal with legal problems caused by emerging technologies.