涉区块链跨境网络支付视域下去中心化交易所的通道作用及法律风险研究

Research on the Channel Function and Legal Risks of Decentralized Exchanges in the Context of Cross-Border Network Payments Involving Blockchain

摘要: 随着区块链技术的深入发展，其在跨境网络支付领域的应用展现出巨大潜力，特别是去中心化交易所(DEX)作为新型支付通道的作用日益凸显，其通过智能合约、点对点直接交易等技术杠杆有效改善了传统跨境网络支付体系普遍存在结算周期冗长、手续费高昂、中介机构复杂等问题。但值得注意的是，肇因于DEX的去中心化运作模式等属性，由区块链所赋能的跨境网络支付领域也面临着严峻的法律挑战，链上交易数据隐私权保护风险、涉区块链跨境网络支付纠纷救济机制风险等已成为由区块链所赋能跨境网络支付领域的法律难题。综上而言，本研究旨在释明DEX的通道作用与跨境网络支付关系的基础上，深入剖析其或存在的法律风险，同时本研究认为，在数字化时代，涉区块链跨境网络支付需平衡技术杠杆与法律法规的关系，构建二者协同发展框架，以促进区块链跨境支付的健康发展，并最终提振整个跨境网络支付体系效率。

Abstract: With the in-depth development of blockchain technology, its application in the field of cross-border network payments has shown great potential. Particularly, decentralized exchanges (DEX) as a new type of payment channel have become increasingly prominent. Through technical levers such as smart contracts and peer-to-peer direct transactions, DEX has effectively improved the common problems in the traditional cross-border network payment system, such as long settlement cycles, high transaction fees, and complex intermediary institutions. However, it is worth noting that due to the decentralized operation mode and other attributes of DEX, the cross-border network payment field empowered by blockchain also faces severe legal challenges. Risks such as the protection of transaction data privacy rights on the chain and the risk of dispute resolution mechanisms in cross-border network payments involving blockchain have become legal problems in this field. In summary, this study aims to clarify the relationship between the channel function of DEX and cross-border network payments, and deeply analyze the potential legal risks. At the same time, this study believes that in the digital age, cross-border network payments involving blockchain need to balance the relationship between technical levers and laws and regulations, and build a framework for their coordinated development to promote the healthy development of blockchain cross-border payments and ultimately enhance the efficiency of the entire cross-border network payment system.