| Blockchain is a new distributed infrastructure and computing paradigm that uses blockchain data structure to verify and store data,adopts distributed node consensus algorithm to generate and update data,and relies on smart contracts composed of automated script code to program and operate data.It uses orderly chain structure to store data,uses consensus mechanism to verify and update data,uses smart contracts to complete execution procedures,and uses cryptography technology to ensure data security.The internal technology allocates different work according to the data layer,network layer,consensus layer,contract layer and application layer,forming the unique characteristics of decentralization,tamper-proof,traceability,openness and anonymity.Combined with social science logic such as law,ethics and economic laws,a systematic decentralized data recording,verification and storage system has been formed.The blockchain has gone from the digital currency application period of 1.0 to the smart contract period of 2.0 to the smart society stage of 3.0.This technology has been widely and deeply applied in digital currency,judicial deposit,copyright protection,medical security and other scenarios,showing a strong potential for future rank reconstruction.With the continuous deepening of the research on blockchain application technology,it will certainly promote the transformation of the traditional centralized,asymmetric information and unequal interaction social management structure to the new paradigm of decentralized,equal rights and symmetrical information social order,and help to realize the scientific,people-oriented,equal,free,fair,inclusive A new legal order with openness as its core value.Distributed accounting(P2P network)technology,consensus mechanism,smart contract and cryptography are the four core technologies of blockchain,and the joint action of the four core technologies has made the blockchain technology run smoothly since its inception.Distributed bookkeeping technology frees the account books of each node in the blockchain from the control of a centralized organization.The broadcast and verification of the content on the chain are performed by each node independently.This process not only broke the centralized monopoly,but also eliminated class differences and bridged the dilemma of information inequality.All participants are treated equally and allowed to enter and leave freely,which highlights the legal value of equality and freedom,and realizes scientific interaction and cogovernance.Consensus mechanism is the basic technology for blockchain data verification and update.Nodes in the blockchain that do not know each other rely on the consensus mechanism to create trust and reach an agreement on data update and verification.This new type of trust relationship based on digital technology is not disturbed by emotional collapse and interest differences.It does not need to establish emotional trust or central institutions to endorse trust.It can be generated by virtue of technical rationality and digital logic.In the block network,all nodes work together to form a safe network,ensure the orderly operation of the system,and realize the real sense of co-construction,co-governance and sharing.In the intelligent society,the integration and interaction of jurisprudence and code is an important research topic.urisprudence can make up for the loopholes of technology,while technology can alleviate the lag of law.Only the cooperation of law and technology can promote each other’s development in the digital era.In the field of data security,the traditional centralized storage mode will increase the risk of data loss or disclosure,while the security barriers such as hash algorithm,asymmetric encryption and zero-knowledge proof used by the cryptography technology,the core component of blockchain technology,can effectively guarantee data security and satisfy the security premise of social governance application of blockchain.Hayek’s theory of "currency non-nationalization" is the accepted prototype of Bitcoin concept.Its core idea of "political decentralization" has laid a theoretical foundation for the development of subsequent blockchain technology,enhanced the adaptability of technology to social governance,and provided an analytical model for the legal value deconstruction of blockchain.The blockchain technology under "political decentralization" generates a spontaneous order.As a general and substantive setting in the system,decentralization rules are equal and universally applicable to all node subjects.The rules established and followed by this open,inclusive,equal,free and co-governance order are the "laws" in the blockchain network.In view of the analysis of the role of power in the blockchain era,Foucault’s "panoramic open architecture" theoretical model is introduced.The power discipline model under the traditional model gives the public authority a great space to exercise power,which is easy to infringe and compress the rights boundaries of the ordinary people.With the development of digital technology and the arrival of the era of intelligence,the discipline of "super panoramic architecture" has been introduced.The discipline of power has been implemented in an all-round and multi-dimensional way in both space and time.The phenomenon of power overflow is serious.The emergence of blockchain technology has broken the traditional power discipline model,transformed the status of "watching and" and "being watched" with the theoretical paradigm of "co-scene architecture",eliminated the class gap and weakened the central position of power.In view of the coupling of law and blockchain technology,Leggs’ "code is law" analysis model is introduced for in-depth analysis.As the "cell" of blockchain technology,code plays an important role in realizing "good law and good governance" in addition to ensuring the normal operation of technology.The "good or bad" of the code is to detect whether there is the risk of uncontrolled data mining,whether there are information security vulnerabilities,whether there is privacy snooping and whether there is code discrimination.Its value of goodness coincides with the value implication of jurisprudence,which embodies the core of equality,security,justice and nondiscrimination.It can be seen that technology and law uphold the same legal values,which is also the basis of "good law" and "bad law".The addition of technology is the barrier to prevent the failure of law,and the norms of law are the rules of technology operation.The interaction and integration of the two is the beginning of mutual sublimation.Technology is a double-edged sword.While seeing the many possibilities that blockchain technology creates for the governance of social norms and the establishment of the rule of law,we should also recognize the many risks faced by blockchain technology in the current environment.Iteration differences of encryption algorithms,key loss and quantum computing threats have always been important hidden troubles that puzzle the security of blockchain technology.The storage space limitation and storage efficiency constraint of the public chain are also compressing the adaptation space of the blockchain application.The destructive behavior of "51% attack","double flower attack" and "witch attack" is still an important reason to prevent the blockchain technology from playing its full role.In addition to technical risks,the social risks brought by blockchain applications can still not be ignored.If a good technology application can not be regulated and guided reasonably at the initial stage,and if it is allowed to develop,it will reach the point where it is finally difficult to control,and will fall into the "Colin Grinch dilemma".The characteristics of blockchain,such as centralization,anonymous interaction and automatic execution,are the perfect carrier of crime,and bring new risks and challenges to criminal justice.In addition to technical and social risks,blockchain must overcome ethical risks if it wants to expand its scope of application.Even with the protection of multiple cryptography technologies to ensure the security of data and privacy,all data in the ledger is in the public state,so the ledger data can be easily obtained by malicious nodes,who analyze the personal privacy data in the ledger through exhaustive methods and reverse derivation.In addition,for the general public,most people have insufficient knowledge of the technical principles of blockchain,and generally still remain at the conceptual level,and hold an exclusive attitude towards blockchain technology,Attitude is difficult to recognize its potential value in a short time.How to clarify people’s misunderstanding of blockchain technology and ease the contradiction between emerging technologies and old norms is an important issue that needs to be solved at present.The governance of technology should follow specific logic and principles.It can neither obliterate the excellent characteristics of technology nor allow its disorderly development.The regulation of blockchain technology should also follow this principle.It can neither pursue "technological omnipotence" nor destroy the core technological value of blockchain.It should always adhere to the principle of benign interaction between technological freedom and policy regulation,Technology research and development in relevant fields should adhere to the basic principle of "blockchain technology is only a tool to promote social development and cannot become social development".Adhere to the principle of coordination and trust,eliminate the monopoly of hegemony and oligarchy by consensus mechanism,and pursue the legal value logic of equality,freedom,inclusiveness and openness within the organization.Comply with the principle of cooperation and development,make up for legal defects with cooperation,and promote technological development with cooperation.Upgrade iterative technology,reduce technical risks,improve laws and regulations,and dilute social risks,refine rules,popularize knowledge and avoid ethical risks.The application and governance of blockchain technology cannot be solely the responsibility of a single party.It is necessary to build a multi-element collaborative governance system led by the government,with the participation of blockchain technology developers,blockchain application builders,blockchain platform operators,blockchain technology industry groups and ordinary node users.The reason why blockchain technology brings people the dawn of fighting against inequality is that this interactive mechanism of decentralization and liberalization brings opportunities and possibilities for the construction of a substantive scientific,equal,free,open and inclusive legal order.So that we can use blockchain technology as a means to build a co-governance and sharing society,based on blockchain technology,reshape the future social order,and take blockchain technology as an opportunity to help build a global cyberspace community. |
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