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Research On The Legal System Of Blockchain Cross-border Payment Supervision

Posted on:2022-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y X SunFull Text:PDF
GTID:2506306326953439Subject:Law
Abstract/Summary:PDF Full Text Request
Cross border payment of blockchain refers to the use of blockchain technology to engage in cross-border payment activities,including digital currency and cross-border data message service.Whether digital currency belongs to currency,whether cross-border data message service belongs to cross-border financial service,whether they can apply to the current international regulatory framework,there are many disputes in the supervision practice.At present,there are differences in the supervision of cross-border payment in blockchain.On the one hand,the lack of written laws,lack of clear regulations on the supervision subject and the regulatory object leads to the lack of legitimacy in the supervision of cross-border payment in blockchain;on the other hand,due to the inconsistent regulatory concepts of various countries,the provisions on regulatory standards are lack of pertinence,and the traditional regulatory approach is applied,the rights and obligations of the regulatory object-s are in an unbalanced state and the supervision is unreasonable.From the perspective of international regulatory cooperation,jurisdiction is usually the focus of dispute,which affects the effectiveness of supervision.In addition,the absence of a unified specialized regulatory body,disputes are usually settled by litigation,and the dispute settlement method is single,which cannot meet the efficiency requirements of cross-border payment dispute resolution in blockchain.Blockchain technology is applicable to the field of cross-border payment,with obvious efficiency advantages.There are regulatory practices in many countries,but lack of systematic theory and regulatory institutional framework as support,which leads to a series of regulatory problems.From the perspective of system,there is no clear regulatory basis whether domestic institutions are the main body of regulation or international specialized regulatory agencies are the main body of regulation.If we choose the platform as the object of supervision,the premise of the platform to bear the responsibility is not clear,and whether the actual controller should bear the responsibility is not specified.In the process of supervision,the regulatory standards of different regulatory objects have not been clarified.In the unified international supervision,the construction of dispute resolution mechanism and other issues should be paid attention to in the process of constructing the framework of legal supervision system.This paper will start from the legal basis of cross-border payment of blockchain,identify its classification and legal nature,and then analyze its status in the process of cross-border payment supervision,as well as the specific problems in supervision,and put forward targeted suggestions on the supervision.
Keywords/Search Tags:Blockchain cross-border Payment, Legal Supervision, Interntional Financial Law
PDF Full Text Request
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