Research On Blockchain Smart Contract From The Perspective Of Contract System

Smart contracts based on blockchain technology have gradually attracted people’s attention in the field of transactions due to their convenient and fast automatic performance and unique decentralization.However,supported by cryptography,the code conveys instructions and automatically executes the specific contents in the instructions.Only after the relevant contents are realized,the code will issue instructions to terminate the program,during which there is no way to modify them accordingly,or artificially interfere with them to stop or back to the original state.This is very different from the traditional contract in real life and the execution mechanism behind the transaction process.Technology is a double-edged sword,which determines that no technology can escape legal norms.Behind the application of a new technology,it will inevitably involve the problem of how to integrate the new technology into the current legal framework for application.How to bring the smart contract into the current legal system of our country,we must make qualitative analysis of it,and deeply explore the legal attributes behind it.In this regard,it is necessary to compare and analyze the existing contract types,match the similarities and extract the characteristics of the relationship in a dialectical way.In order to better discuss the smart contract in the legal sense,we should start from the existing mainstream point of view.It is mainly divided into negation,affirmation and classification.In terms of theoretical interpretation,the first two theories more or less ignore some elements and fail to see the nature of the problem clearly from an all-round perspective: One is that the dominant position of technology is overemphasized;the other is that different types of smart contracts are ignored,and smart contracts are generally regarded as a form of appearance of the contract process,while classification is more able to properly summarize the intrinsic essence of smart contracts from their characteristics.It is worth noting that a complete contract process is completed from the signing or sealing of the transaction party to the fulfillment of the contract matters by the parties.Smart contract is different,which may only present a certain part of the traditional contract process.For example,the parties write the determined rights and obligations of both parties in the program,and then place them on the blockchain for execution.In this step of smart contract,the corresponding part is only the execution part of the traditional contract process.Therefore,smart contract cannot be separately discussed as a new type of contract,but should be a new form of expression in the contractual relationship.In order to verify that the legal contract nature of the smart contract is consistent with the current contract system,the analysis of the constituent elements shows that the smart contract should be included in the written form.In this aspect,and further confirmed by intelligent contract content of the related contract,in the process of implement the contract contents should follow the relevant provisions of the civil contract system and other specific legal rules,the current set up the legal effect of contract,to ensure that the intelligence solutions to corresponding guidance law for the parties concerned.Of course,this does not mean that the smart contract is directly equivalent to the current legally binding contract.Obviously,the current path to solve the disputes between the contract parties is not completely compatible with the smart contract.In order to realize the stable development of technology and create more convenient social environment for human activities,to combine the application example of intelligent contract specific problems may involve in its conflicts with the contract system is analyzed and summed up the corresponding solution,while solving legal blank,for the plight of the present judicial solid theoretical basis,Smart contracts should be better incorporated into the contract system for standardization,so as to ensure the standardization of the implementation process of smart contracts on the basis of complying with the existing laws and provide corresponding paths for the dispute resolution of the parties.This paper mainly analyzes and discusses from the following structure:The first chapter mainly introduces the theoretical basis of smart contract.Starting from the definition of blockchain,the background of the debut and the historical development of smart contract,the concept of smart contract is analyzed in detail and the connotation behind it is excavated.Intelligent contract is based on the new technology to produce an unprecedented contract form,on the basis of the research will not leave its code,computer principle,and the content of the law of contract to make specific provisions category,on the basis of connotation,from the characteristics of intelligent contracts with the characteristics of the traditional contract,electronic controls in exploring its essence,its legal attribute and legal effect.First,chain blocks under the technology of intelligent contract and the traditional contract law,what’s the difference between the electronic contract,secondly,in combination with so far for intelligent contract legal disputes,analysis of several representative opinions at present,to further confirm the legal position of intelligent contract,discusses whether it can be understood as a legal contract,Therefore,it is possible to include it in the current legal system to discuss the regulation of it.In this regard,it is clear and affirms the necessity of legal constraints on smart contract,and then explains the unique operation principle and process of smart contract.The second chapter expands the contract system elements of the smart contract.In terms of the form,subject,conclusion and effectiveness of the smart contract,it discusses the applicability of the blockchain smart contract as a legal contract in the contract system,as well as the place where it can be referred to and adapted.The third chapter into the category of the current contract system,it is necessary to analyze its conflict with the contract system,around smart contracts to real intention of the parties to present and express,the contract will inevitably involve promises to offer-rules,and determine whether the actual effect of the effect of the contract was flawed and ineffective factors,In addition,in order to realize the confirmation of judicial jurisdiction and the effectiveness of electronic evidence of smart contract in the case of infringement and breach of contract,the paper discusses the difficulties existing in the legal regulation of smart contract under the contract system.The fourth chapter searches and summarizes the main legislative trends of other countries,and at the same time investigates the specific information related to smart contracts in China’s domestic legal environment,observes the general and overall legislative trends of smart contracts,and learns from the practical and effective experience outside China that is in line with the broad cultural background of China.In addition,it provides reference and practical basis for corresponding responses to the challenges of smart contracts with blockchain technology to the contract system in the following chapter.The fifth chapter summarizes the legal problems of smart contract from the perspective of contract system analyzed above and puts forward the corresponding solutions or ideas.