Exploration of Legal Issues in the Judicial Practice of Smart Contracts
DOI:
https://doi.org/10.54097/ckr00s79Keywords:
Smart Contracts, Judicial Practice, Legal RegulationAbstract
The process of smart contracts, from conceptualization to actual landing applications, is accompanied by the continuous development of blockchain technology. China attaches great importance to the application of blockchain technology represented by smart contracts in judicial practice, with the background of the construction of smart courts, relying on the construction of judicial blockchain, according to the unique automated execution characteristics of smart contracts, the mediation and execution of civil disputes filed as an entry point, to explore the high-quality development of the judicial trial and execution business. In the current judicial practice, smart contracts face a lack of legal norms, technical construction loopholes, and information security risks. To guarantee the reasonable and compliant stable operation of smart contracts within the legal framework, it is necessary to clarify the legal positioning of smart contracts, strengthen the construction of the rule system for the judicial application of smart contracts, introduce the ODR to broaden the rights' relief channels, and at the same time, encourage the participation of diversified subjects in the construction of the judicial blockchain, and establish the legalized review mechanism of smart contracts.
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References
Nick Szabo. Smart Contract: Building Blocks for Digital Markets [EB/OL]. (1996) [2019-02-16]. http://www. fon. hum. uva.nl/rob/Courses/InformationInSpeech/CDROM/Literature/LOTwinterschool2006/szabo.best.vwh.net/smart_contracts_2.html.
Xiaopeng Lin, Leilei Zhao. Construction of Smart Contract Trial Mode under Blockchain Technology--Taking the Perspective of Production Relationization of Litigation[C]// Research Department of National Judges College. Research on Modernization of Trial System and Trial Capability and Application of Administrative Laws - Collection of Winning Papers of the 32nd Symposium of National Courts (Upper). People's Court Press, 2021:11.
Li Xiaoli. On the value, risk and way forward of blockchain technology in civil judicial application[J]. China Applied Law, 2021(03):1-19.
Zhao Xiaofang. The synergy of self-regulation and other regulation: the logic and path of social organization credit system construction[J]. Social Welfare (Theoretical Edition), 2020(11):35-40.
Qin Haoran. Research on Legal Risks of Supply Chain Finance Business in "Algorithmic Credit Era"[J]. North Finance, 2020 (05): 64-69.
Li Xiyao. Research on Judicial Application Issues of Blockchain Smart Contracts[D]. North University of Technology, 2023.
Supreme People's Court Issues Opinions on Strengthening the Judicial Application of Blockchain [EB/OL]https:// www. court. gov.cn/fabu-xiangqing-360271.html, 2022-05-25.
Xiong Zhigang, Wang Qian, Yan Jun. Beijing Internet Court: blockchain technology realizes execution of one-click filing.https:// www.chinacourt.org/ article/detail/2019/ 10/id/ 4594154.shtml.
Du Qian, Guan Jiahui, Shi Xiaoxiang. Internet judicial practice and exploration: Hangzhou Internet Court. People's Court Press, 2021, p. 67
Li Han. Legal protection of personal information security in blockchain smart contracts [J]. Journal of East China University of Political Science and Law, 2023, 26(04):49-58.
Jiang Haiyang. On the conflict and compatibility between blockchain and personal information protection [J]. Administrative Law Research, 2021(04):162-176.
Ran Yi. Exploration and Practice of the Application of Blockchain Technology in the Judicial Field--An Empirical Analysis Based on Tianping Chain of Beijing Internet Court[J]. China Applied Law, 2021(03):20-34.
Li Xudong, Ma Songyuan. Research on blockchain smart contracts under the perspective of the contract part of the Civil Code [J]. Journal of Shanghai Normal University (Philosophy and Social Science Edition), 2020, 49(05):58-69.
Alexander Savelyev. Contract law 2.0: 'Smart' contracts as the beginning of the end of classic contract law [J]. Information & Communications Technology Law, 2017,26(2)
Wang Yanchuan. The construction and risk prevention of smart contracts[J]. Journal of Law, 2019, 40(02):43-51.
Zhang Haibin. Artificial Intelligence, Blockchain and the Rule of Law: Technological and Legal Developments in Country Regions, Law Press, 2020, p. 228
Jiangsu Higher People's Court Subject Group. Judicial application of blockchain technology in the context of digital economy[J]. People's Justice, 2023(07):91-95.
Song Yunting, Shen Chao. The Intervention of Law: Judicial Remedies for Smart Contract Disputes [J]. Journal of Beijing University of Aeronautics and Astronautics (Social Science Edition), 2023, 36(06):70-79.
Amy Schmitz, Colin Ruhl, Wenli Guo. Online dispute resolution for smart contracts[J]. Commercial Arbitration and Mediation, 2021(02):31-52.
Zhou Guangquan. Utilizing modern information technology to provide support for judicial work[J]. China National People's Congress, 2018(18):49-50.
Chen Jidong. The legal construction of smart contracts[J]. Oriental Law, 2019(03):18-29.
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