| Larenz once said: Lawlegal interpretation are expected in law found in the era of the answer to the question.Blockchain technology is the answer that contemporary engineers have submitted to us for accelerating our entry into the digital migration society,and it will become a legal issue before the legal person.The smart contract with blockchain as the underlying technology has the function of realizing the contract content coding,concluding trust and performing automated functions,so that it has broad application prospects.There are many differences between the operation of smart contracts and traditional contracts.Whether the traditional contract law norms are consistent with it.The article is divided into five parts,with qualitative analysis,problem display,countermeasure research and experience summary as a logical sequence.In the first part,because the research object has certain technical complexity,and the basic theory of intelligent contract and its underlying technology block chain is introduced and analyzed,including the technical principles and core characteristics of both.At the same time,the first case of public chain seizure of power is used as the entrance to clarify the nature of the blockchain database,and the copyright and ownership of the blockchain should be dynamically evaluated by the legal evaluation and value common to all nodes on the chain;Second,using electronic contracts as a comparison,distinguish the boundaries between smart contracts and electronic contracts,and clarify the legal attributes of smart contracts as coded contracts;Finally,it is concluded from the application status of smart contracts that smart contracts are faced with application prerequisites,technical limitations and legal deficiencies.Lay the foundation for the following inquiry into the specific legal issues of smart contracts.In the second part,in view of the fact that many aspects of smart contracts are very different from traditional contracts,we systematically study the fit between my country’s contract law and smart contracts,which mainly regulate traditional contracts.First of all,the specific operation process of the smart contract is the premise.The smart contract has the necessity of contract regulation and the technical characteristics of the smart contract may be Sexual challenges.Secondly,smart contracts are automatically executed by them.The technical trust function strictly abides and obey the value choices behind the principles of autonomy and integrity,but at the same time,the specifics under the principles Contract law rules have had a negative effect of weakening and shelving.Finally,it clarifies the direction of the specific contract regulations for smart contracts.The third part discusses it is the contract establishment time,while maintaining the blockchain data.Credibility does not allow the parties to make additional provisions on the delivery method and time.The offer in the smart contract is recorded with the first timestamp as the offer.The commitment is irrevocable and irrevocable.It is concluded that the contract execution error caused by the contract error provided by one party is established at the same time.It indicates that the rules will be greatly reduced.Finally,the legal attributes of the smart contract’s automatic performance function are analyzed.This article does not use the conclusion of some domestic studies that use it as an auxiliary performance guarantee function,but demonstrates and analyzes the smart contract’s legal status as an electronic agent to complete the contract’s automatic performance.It explained the special identification of breach of contract in smart contract and the specific investigation of breach of contract liability.In the fourth part,it is recognized that the essence of the above legal issues reflects the relationship between law and technology.Given the possibilities of three social remedies for smart contracts,this article offers a positive perspective and problem analysis.Three characteristics from a legal perspective,specific management and direction of research studies are conducted on the legal issues examined in this article. |