Research On The Rules Of Blockchain Smart Contract Change Under The Perspective Of Private Law Autonomy

The blockchain-based smart contract,by digitally encoding the content of the contract,automatically fulfills the obligations of the contract upon the achievement of the pre-set trigger conditions.The technically automatic performance function and the non-tamperability of smart contracts lead to certain restrictions on the parties’ freedom to revoke,change,cancel or terminate the contract,which not only deprives the parties of their contractual rights,but also violates the principle of autonomy of private law.In order to better regulate this new thing of smart contract and promote its orderly and benign development,it is meaningful to study the change mechanism of smart contract as the object.This paper is divided into four parts:The first part,the basic theory of blockchain smart contracts.Smart contracts are embedded in the blockchain.Before clarifying the concept of smart contracts,the complex blockchain technology is introduced.To truly understand smart contracts and the differences with traditional contracts,it is also necessary to have an in-depth understanding of the smart contract operation mechanism,characteristics and practical applications.The controversial views of the academic community on the nature of smart contracts are discussed,and there are three views: procedural,security,and contractual.The legislative overview of blockchain smart contracts in foreign countries is examined through analysis and comparison to further substantiate their contractual properties,and their contractual properties are acknowledged to be in line with the development trend of smart contracts.The second part,Smart Contracts and Contract Change.The following dilemmas exist in the change of smart contract under the conflict of technicality and legality: firstly,the conflict between automatic enforceability of smart contract and contract change,the institutional essence of automatic enforcement is explained,and the balance of interests between the right to change the contract and automatic enforcement is considered.Secondly,the dilemma of smart contract tamperability and contract change,the tamperability of smart contract is not absolute,the tamperability means that after the parties determine the content of the contract terms and carry out the transaction,the blockchain’s unique distributed bookkeeping technology will record and save this transaction information in the block of each node,which cannot be changed at will.The parties are only allowed to change the content of the contract,so the tamper-evident feature does not affect contract changes.Finally,the anonymity of smart contracts and the challenge of contract changes.The anonymity of the smart contract should be limited in order to achieve the purpose of the parties’ negotiation to change the contract.The third part is a theoretical solution for the change of smart contract.First,in order to seek the realization of the contract content freely decided by the parties in the form of smart contracts,the necessary deconstruction of the smart contract terms,divided into automatic performance terms change and non-performance terms change,so as to better adapt to the difficulties of contract change in practice;second,from the entire smart contract operation process,from the perspective of prevention,intervention and post-event relief of the smart contract content in three Modification.The fourth part,the path of constructing the rules of contract modification applicable to smart contracts.In order to incorporate smart contracts into the adjustment of the Civil Code,it is necessary to first clarify their contractual properties and the requirements for their changeability.On the one hand,smart contracts should comply with the general rules of the Civil Code’s Contracts section,and on the other hand,smart contract technology itself should be improved and adapted to the traditional contract system.By establishing a prior review mechanism and user identity verification mechanism,the remedy rights of the parties to smart contracts are guaranteed,so that smart contracts can be standardized and contribute to the benign development of smart contracts.The possible innovation of this paper lies in the fact that the object of study is the new contract form of blockchain smart contract,and the vision of the study is not limited to the identification of its contractual properties,but the challenges to the existing legal rules caused by its technical characteristics.The premise of regulating smart contracts in the Civil Code.The shortcomings of the article are the author’s lack of academic foundation,insufficient theoretical preparation,limited depth of theoretical research,and lack of practical experience,which may lead to improper treatment of the issue.