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Research On The Economic Law Of The Application Of Blockchain In The Field Of Real Estate

Posted on:2022-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:L P YeFull Text:PDF
GTID:2506306539489094Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Blockchain is a chained data structure.The unique feature of this structure is that the data blocks are combined in a sequential way according to the time sequence.In addition,it also embeds cryptography and other related contents to jointly ensure the non tampering and non forgery of the distributed ledger.The 18 th collective learning of the Political Bureau of the CPC Central Committee emphasizes the need to promote the development of blockchain technology from the perspective of national strategy,increase investment,and encourage the full and effective application of blockchain technology in the upgrading of the real economy.Based on this,if the integration of blockchain technology in the real estate field breaks the traditional real estate transaction mode,it will help to promote the whole transaction process more transparent and fair,effectively reduce the occurrence of fraud,achieve efficient and reliable real estate search,improve the efficiency and accuracy of due diligence process,speed up the financing and payment system,and make the cost lower and the transaction safer It plays a very important role in the transformation and upgrading of traditional real estate enterprises.However,it is undeniable that without sufficient and clear legal framework and compliance standards,no industry will have enough confidence to invest in the realization of real large-scale application of blockchain technology.At present,the supervision of blockchain in the world is mainly based on cryptocurrency,and the legal research on the application of blockchain technology in the field of real estate in China is only in the exploratory stage,and the application of blockchain technology is far from here.By analyzing the current situation of the legislation of blockchain and the application innovation of real estate enterprises,and comparing the practice and regulations at home and abroad,this paper discusses the new problems existing in the application mode of "blockchain + real estate" in economic law.In the field of anti-monopoly law,in the face of the technical challenges brought by the application of blockchain technology to the identification of monopoly behavior and the attribution of responsibility,we should broaden the connotation of monopoly agreement,redefine the relevant market and dominant position,enhance the market transparency,and promote the free competition of operators;In view of the changes in the relationship between competition and innovation in the field of real estate caused by the development of blockchain technology,we should respect the nature of competition in the real estate market,clarify the operation principle of blockchain,and not include a certain competitive behavior into the scope of network regulation just because it involves blockchain;In view of the real estate registration rules and implementation problems brought by the application of blockchain in REITs,the restrictive provisions in the field of foreign investment in real estate,token trading and securities supervision and tax issues,this paper puts forward solutions suitable for China’s national conditions,so as to better protect the legitimate rights and interests of technology developers,real estate enterprises,consumers and other parties,and provide reference for blockchain in the field of real estate In order to promote the orderly development,transformation and upgrading of the real estate industry.
Keywords/Search Tags:blockchain, real estate, antimonopoly law, Unfair competition, REITs
PDF Full Text Request
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