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Legal Regulation Of Block Chain

Posted on:2020-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330578482687Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As the first application of block chain technology,Bitcoin has caused a worldwide uproar.Although different countries have different opinions on the application of Bitcoin,the value of block chain technology is highly affirmed.With the continuous development of block chain technology,block chain has been gradually tried to be applied in all walks of life.If block chain technology is applied reasonably,it will cause significant changes in all areas of the entity.However,the characteristics of block chain technology itself lead to the difference between the new trust system,trading behavior and mode created by block chain technology and the traditional customs.So,when the new behavior constructed by new technology conflicts with the traditional law,how to regulate and how to improve the legal system are worth studying.One of the core issues.It is of great theoretical and practical significance to actively study and establish and improve the relevant legislation and supervision of block chain application as soon as possible in order to promote the application of block chain in all walks of life.In addition to the introduction and conclusion,this paper consists of four parts:The first part mainly describes the basic concept of block chain,the basic characteristics of block chain technology and the application of block chain.Block chain technology and application are different concepts.It includes the concept of block chain and the three stages of block chain technology from its birth to its development.Then it analyses the four characteristics of block chain technology: decentralization,anonymity,irreversibility and transparency,and its specific outstanding performance.Finally,it lists the main application developed by block chain technology and its impact on market and society and potential.The second part is mainly to analyze the legal problems that block chain application has or may face according to the characteristics of block chain technology,then to analyze the challenges to the current legal system caused by the transaction habits changed by this feature,and finally to discuss the community autonomy and legal governance of block chain according to the characteristics and problems mentioned above.In this chapter,through the analysis of the regulatory problems and the legal problems caused by them,the following suggestions are drawn to solve the problems and draw lessons from foreign experience in order to form the legal regulation of block chain in China,which plays a connecting role between the preceding and the following.The third part mainly summarizes and analyses the current situation of supervision in foreign countries.From the aspects of establishing the nature and legal status of block chain application in various countries,defining the object and obligation of regulation,competent authorities and authority of institutions,this paper presents the current oversight practice of block chain application in foreign countries.In addition,combined with the current reality,it also summarizes the regulation of virtual financial assets which is most concerned about in the application of block chain.It is hoped that the summary and analysis of the current regulatory policies of the United States,Britain,Malta,Japan,South Korea,Singapore and other countries can provide reference for the study of China's regulatory system.The fourth part,mainly through the analysis of the problems and the experience of foreign theory and practice,puts forward suggestions for the supervision of the healthy and stable development of China's block chain application.This paper starts with the establishment of legal status by legislation,the determination of supervisory objects and responsibilities,the construction of supervisory system,the judicial protection of remedies for damaged rights and international cooperation.Among them,it elaborates the access mechanism,legal liability and the establishment of the authority of the regulatory body.The innovations of this paper include: firstly,there are few domestic legal regulatory documents in the field of block chain application,and this paper has some innovation in topic selection and field exploration;secondly,this paper boldly conceives the combination of "community autonomy" and "legal governance".The way to regulate the industry of block chain is innovative to some extent.Thirdly,the discussion on the access settings of enterprises involved in block chain and the judicial protection of participants is innovative.The main shortcomings of this paper are as follows: firstly,due to the author's limited foreign language proficiency and inadequate ability to obtain foreign research materials;secondly,the related research on block chain application is mostly presented in a technical way,and is still in the process of updating.Due to the limitations of the author's technical knowledge,the exploration of this paper needs to be strengthened in depth and other aspects.
Keywords/Search Tags:chain of blocks, Legal regulation, Block Chain Community, Community autonomy
PDF Full Text Request
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