区块链智能合约的合同属性研究

Study on the Contract Attribute of Blockchain Smart Contracts

摘要: 本文旨在界定区块链智能合约的法律属性，回应其法律规制需求。背景上，智能合约借区块链实现规模化应用，中美通过立法、司法探索其效力，但我国《民法典》及司法解释未明确其合同属性，存在适用空白。学界中，代理说、自助行为说或忽视本质、或混淆法律边界，均具片面性；合同说为核心，认为其是当事人合意的数字化表达，契合《民法典》合同规则，属于属性本质界定。法理层面，智能合约符合传统合同“要约–承诺”逻辑与书面形式要求，“自动履行”是意思自治延伸，技术演进未背离“承载权利义务”的合同本质。结论指出：区块链智能合约系传统合同在技术驱动下的数字化延伸，而非对传统合同的颠覆性变革。其与合同核心要件及意思自治原则相契合，技术的演进并未偏离“承载权利义务”这一合同本质。建议司法层面细化代码漏洞的归责以及存证规则，立法层面补充《民法典》相关条款并制定技术规范，通过完善相关规制，使其融入现有的法律框架，进而保障数字经济的安全。

Abstract: This paper aims to define the legal attribute of blockchain smart contracts and respond to their legal regulation needs. Background-wise, smart contracts have achieved large-scale application by virtue of blockchain technology. China and the United States have explored their validity through legislation and judicature, yet China’s Civil Code and relevant judicial interpretations have not clearly defined their contract attribute, leaving gaps in application. In academic circles, the Agency Theory and Self-Help Behavior Theory are both one-sided—either ignoring the essence or confusing legal boundaries; the Contract Theory, as the core view, holds that smart contracts are the digital expression of parties’ consensus, conform to the contract rules of the Civil Code, and represent the essential definition of their attribute. From the perspective of legal principle, smart contracts comply with the “offer-acceptance” logic and written form requirements of traditional contracts; “automatic performance” is an extension of the autonomy of will, and their technological evolution has not deviated from the essence of contracts, which is “bearing rights and obligations”. The conclusion points out that blockchain smart contracts are the digital extension of traditional contracts driven by technology, rather than a subversive transformation of traditional contracts. They are consistent with the core elements of contracts and the principle of autonomy of will, and the evolution of technology has not deviated from the essence of contracts, which is “bearing rights and obligations”. It is suggested that at the judicial level, the imputation rules for code vulnerabilities and evidence preservation rules should be refined; at the legislative level, relevant provisions of the Civil Code should be supplemented and technical specifications should be formulated. By improving relevant regulations, smart contracts can be integrated into the existing legal framework, thereby ensuring the security of the digital economy.