Research On Contract And Regulations Of Smart Contracts

Smart contract is a key technology to promote the transformation of the information Internet to the value Internet,and it has attracted much attention because of its automatic execution characteristics.As a typical example of the blockchain 2.0era,smart contracts do not require trust endorsement provided by a centralized organization,and can be automatically executed by decentralized nodes on the blockchain after meeting preset conditions,realizing "trust without trust".Compared with traditional contracts,smart contracts have huge efficiency and cost advantages,and are widely used in financial payment settlement,intellectual property protection,supply chain management and other fields.However,the current primary application of smart contracts has already had an impact on the existing private law system.In order to ensure its wider application space and longer-term development,it is necessary to think forwardly about the jurisprudence basis of smart contracts and countermeasures against private law impacts,to bring it into the scope of private law governance,to avoid the alienation of its development.This paper mainly studies the legal attributes of smart contracts and their application under the contract of the "Civil Code".From the perspective of jurisprudence,the deficiencies of the existing theory of the essential attributes of smart contracts are analyzed,and it is proposed that smart contracts should be differentiated by type rather than simply nested.Among them,private law smart contracts are widely used in market transactions,which brings new challenges to existing contract laws.Great challenge.From the perspective of contract law,smart contracts constitute a special written form,and the code form can carry the agreement between the parties and meet the essential requirements for the establishment of the contract.The conflict between smart contracts and contract laws is manifested in three aspects: restrictions on freedom of expression,difficulty in judging the validity of contracts,and difficulties in contract relief.These problems have seriously restricted the application and development of smart contracts.Comprehensively consider the specific issues involved in the application of smart contracts and the dilemma of contract law,and analyze the reasons why smart contracts are not compatible with existing contract laws from the dual perspectives of technology and legal norms,mainly including the "unintelligent" contract execution process,code Embedded contradictions with subject autonomy,blockchain mechanism compatibility issues,and insufficient coverage of existing contract legal norms.Contract law is a delicate and flexible system,and the emergence and transformation of new smart contract technologies does not necessarily mean the transformation of the contract legal system.Therefore,this paper proposes a dual co-governance scheme for code and law,improving the contract effectiveness system applicable to smart contracts,constructing a coordination mechanism for technical characteristics and autonomy of will,and optimizing the remedy system for smart contracts,etc.Incorporating smart contracts into the contract legal system for regulation can ensure that the value of smart contracts can be fully utilized on the basis of compliance with existing laws.