본문 바로가기
KERD
논문KCI 등재

Research on the regulation of smart contracts:The current status of smart contracts in China

0

조회

0

다운로드

0

인용

0

참고문헌

키워드

주제분류법학

초록

Smart contracts are based on the decentralization and anonymity of blockchain technology, which guarantees transaction security, and reduces transaction fees and legal costs. These advantages have led to widespread adoption of smart contracts in digital transactions, financial transactions and global logistics. Within the current legal framework, smart contracts influence the traditional contract law theory of contract formation, the forfeiture of revocation rights and remedies for breach of contract. It is essential to explore in depth the application of relevant legal provisions to smart contracts in the post-Civil Code era, both from the technical and legal perspectives. Although smart contract technology is not advanced, it presents a novel approach to transform social transactions and resolve the implementation of treaties and disputes within international and regional organizations. Through research and analysis of smart contracts, this article concludes that they align with the framework of traditional contract theory. It is essential to incorporate industry oversight and adherence to industry norms to ensure that smart contracts are subject to proper legal application and are regulated within the current legal framework. This approach should align with the current laws, industry regulations, and industry self-discipline. After a comprehensive examination of industry regulations and norms governing smart contracts, it becomes imperative to provide robust legal support and guarantee their healthy development and application. This foundation is anchored on adherence to current laws, industry regulations, and industry self-regulation.

Abstract

Smart contracts are based on the decentralization and anonymity of blockchain technology, which guarantees transaction security, and reduces transaction fees and legal costs. These advantages have led to widespread adoption of smart contracts in digital transactions, financial transactions and global logistics. Within the current legal framework, smart contracts influence the traditional contract law theory of contract formation, the forfeiture of revocation rights and remedies for breach of contract. It is essential to explore in depth the application of relevant legal provisions to smart contracts in the post-Civil Code era, both from the technical and legal perspectives. Although smart contract technology is not advanced, it presents a novel approach to transform social transactions and resolve the implementation of treaties and disputes within international and regional organizations. Through research and analysis of smart contracts, this article concludes that they align with the framework of traditional contract theory. It is essential to incorporate industry oversight and adherence to industry norms to ensure that smart contracts are subject to proper legal application and are regulated within the current legal framework. This approach should align with the current laws, industry regulations, and industry self-discipline. After a comprehensive examination of industry regulations and norms governing smart contracts, it becomes imperative to provide robust legal support and guarantee their healthy development and application. This foundation is anchored on adherence to current laws, industry regulations, and industry self-regulation.

참고문헌 (32)

  1. Cai Weide, "Smart Contracts: Reinventing the Social Contrac" (2020), Law Press
  2. Du Jingfu, "Easily Understand Blockchain" (2019), Posts and Telecom Press
  3. Deng Jianpeng, "Blockchain International Regulation and Compliance Response" (2019), Machine Press
  4. Imran Bashir, "Mastering Blockchain" (2020), Packet
  5. KATSH E, "Digital justice: Technology and the internet of disputes" (2017), Oxford University Press
  6. Liang Huixing, "General Regulation of Civil Law" (2018), Law Press
  7. Wang Liming, "Contract Law" (2013), Renmin University Press
  8. Wang Liming, "Commentary on China’s Civil Code - General Principles of Contract Compilation" (2020), Renmin University Press
  9. Ye Zhenzhen, "China Blockchain Application Development Research Report" (2019), social Sciences Acdamic Press
  10. Zhu Guangxin, "Research on General Principles of Contract Law" (2018), Renmin University Press
  11. Alexander Savelyev, "Contract law 2.0: ‘Smart’ contracts as the beginning of the end of classic contract law, No. WP BRP 71", ~ (2016)
  12. Amy Schmitz, "Online Dispute Resolution for Smart Contracts", Journal of Dispute Resolution, 2019(2) (2019)
  13. Chai Zhenguo, "Thoughts on Contract Law of Smart Contracts Under Blockchain", Guangdong Social Sciences, (4) (2019)
  14. Cai Yibo, "A Study on the Fit of Smart Contracts to the Private Law System", Oriental Law, (3) (2019)
  15. Eliza Mik, "Smart Contracts : Terminology, Technical Limitations and Real-World Complexity", Law Innovation &Technology, 9 (2017)
  16. Guo Shaofei, "Contract Law Analysis of Blockchain Smart Contracts", Eastern Jurisprudence, (3) (2019)
  17. Guo Shaofei, "Analysis of Contract Law for Blockchain Smart Contracts", Oriental Law, (3) (2019)
  18. Hu Zhilong, "Research on the Regulation of Contract Law in Smart Contracts", Master, pp.2019
  19. Jakub J. Szczerbowsk, "Place of Smart Contracts in Civil Law", A Few Comments on Form and Interpretation, Proceedings of the 12th Annual International Scientific Conference NEW TRENDS 2017 (2017), Private College of Economic Studies Znojmo
  20. Kevin Werbach, "Trust, but verify : why the blockchain needs the law", Oriental Law, (4) (2018)
  21. Li Xichen, "The Legal Effectiveness of Blockchain Smart Contracts-From the Perspective of Comparative Law between China and the United States", Chongqing Social Sciences, 308(7) (2020)
  22. Li Weimin, "The Legal Nature and Regulation of Blockchain in the Perspective of the Civil Code", Journal of Shanghai Normal University (Philosophy and Social Sciences Edition), (5) (2020)
  23. Lang Fang, "New interpretation of smart contracts based on blockchain technology from the contractual perspective", Journal of Chongqing University (Social Science Edition), 27(3) (2021)
  24. Max Raskin, "The Law and Legality of Smart Contracts", Georgetown Law Technology Review, 1, pp.304~ (2017)
  25. Nick, "Formalizing and Securing Relationships on Public Networks", First monday, 2(9) (1997)
  26. Ni Yunwei, "Civil law analysis, application and enlightenment of smart contract underblockchain technology", Journal of Chongqing University(Social Science Edition), 25(3) (2019)
  27. Ryan Surujnath, "Off the Chain : A Guide to Blockchain Derivatives Markets and the Implications on Systemic Risk", Fordham J. Corp. & Fin. L, 22(2) (2017)
  28. Sun Wen, "The Applicability of CISG on Smart Contracts : The Legal Sphere of Block Chain Technology", Commercial Research, (10) (2020)
  29. Surden, Harry, "Computable contracts", UC Davis Law Review, 46(629) (2012)
  30. Wu Feifei, "Smart Contracts from the Perspective of Contract Law: Legal Attributes, Impact and Responses", Master, pp.2019
  31. Xia Qingfeng, "Application of Blockchain Smart Contracts: Claims and Suggestions", Eastern Jurisprudence, (3) (2019)
  32. Xu Ke, "Smart Contract in the Decision-making Cross Matrix", East Methodology, (3) (2019)

관련 논문AI추천

이 간행물의 다른 논문 (7건)