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Research On The Legal Nature Definition And Risk Response Of NFT

Posted on:2024-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:W H LiFull Text:PDF
GTID:2556307082954489Subject:Law
Abstract/Summary:PDF Full Text Request
As an innovative application based on blockchain technology,NFT is regarded as a bridge linking the real world and the virtual world,and an important cornerstone for building the "metaverse".NFT also provides a new method for confirming digital virtual property rights and has broad application prospects.However,the current NFT ecosystem is not perfect,and there are also shortcomings in the theoretical research of NFT,leading to problems and risks in many aspects.This article aims to gain a deep understanding of NFT,clarify its legal nature,discover and summarize the problems and risks that exist in the application practice.And propose targeted response suggestions and strategies,explore NFT property protection models,regulatory legal systems,and risk response countermeasures,which are in line with China’s social and economic development reality.The main contents are as follows:Chapter One elaborates on the basic content of NFT.First,the definition of NFT is given,and the technical and legal features of NFT are analyzed.Second,the technical principles followed in the process of minting NFTs and putting them on the blockchain are explained,the essence of NFT transactions is analyzed,and the differences between NFT trading platforms are distinguished.Finally,a brief introduction is given to the development history and mainstream application scenarios of NFT in different periods.Chapter Two clarifies the legal nature of NFT based on Chinese legal norms and the specific features of NFT,and demonstrates its feasibility as an object of real rights.First,the legality of NFT in China is analyzed,and its compliance with the Chinese legal definition of property is demonstrated.Second,it is shown that NFT belongs to the network virtual property category in the Civil Code of China.Finally,the feasibility of incorporating NFT into the legal system of real rights is demonstrated from the perspective of the basic principles of real rights.Chapter Three analyzes the legal issues and risks of NFT from different levels based on its technical principles and application practices.First,the copyright risks arising from the combination of NFT with digital works are pointed out.Second,the financial risks arising from the trend towards monetization in the issuance and trading of NFTs are analyzed,and the financial risks of investment,money laundering,and fraud are identified.Finally,other risks related to NFT are also explained.Chapter Four summarizes the protection modes for NFT property rights and the risk supervision and governance system for the NFT industry based on the previous chapters.It also provides suggestions for addressing specific risks in the NFT practice process.Firstly,it clarifies that the real rights protection mode should be adopted for NFT and incorporates it into the legal framework of property rights.Secondly,it proposes strategies for addressing specific problems that may arise during the application and practice of NFT,which can help prevent and mitigate risks and promote the healthy development of the NFT industry.Finally,it implements the "law+ technology" concept to build a sound risk supervision and governance system that balances the rule of law and blockchain governance,promoting the standardized development of the NFT industry.
Keywords/Search Tags:Blockchain, NFT, Legal Nature, Real Right Model, Risk Response
PDF Full Text Request
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