区块链智能合约与我国法律关联性的研究——以我国《民法典》合同编为例

Research on the Relationship between Blockchain Smart Contracts and China’s Laws—Taking the Contract Compilation of China’s Civil Code as an Example

摘要: 区块链智能合约在我国是起步阶段，对于智能合约实践应用也会出现许多问题且得不到重视，智能合约风险的法律规制对于数字网络化时代具有迫切意义，究其智能合约本质而言最应当重视合约的规制以及根据我国运用智能合约多数为商事群体的现实意义，即应加以研究我国《民法典》合同编对其商事制约关系，以点及面引申智能合约风险纾解的把控和法律构解的完善。我国法律制度并没有考虑到区块链智能合约的法律设计，没有落实其在社会生活的方方面面，本文主要研究在当今我国主要表现于民商事活动的区块链智能合约，研究智能合约与债权合同制度的关联性。智能合约具有合同性质，且与我国《民法典》合同编既具有独立性又具相关性，智能合同在当事人意思表示、合同变更解除等方面都存在与现行合同制度有相关内容，但也有相矛盾的地方，要想将智能合约纳入合同编进行调整，需要考虑到区块链智能合同的特殊性和与合同相关制度的共性。

Abstract: Blockchain smart contracts are in their infancy in my country, and there will be many problems in the practical application of smart contracts, which have not been paid attention to. The legal regulation of smart contract risks is of urgent significance for the digital network era. The essence of smart contracts is the most important. We should pay attention to the regulation of contracts and the practical significance of the use of smart contracts in most commercial groups in China; that is, we should study the relationship between my country’s “Civil Code” contract compilation and its commercial constraints, and to point out the control and risk mitigation of smart contracts. Our country’s legal system does not take into account the legal design of blockchain smart contracts, and does not implement them in all aspects of social life. This paper mainly studies the blockchain smart contracts that are mainly used in civil and commercial activities in my country today, and studies the correlation between smart contracts and the creditor’s rights contract system. However, smart contracts are related to ordinary contracts, and smart contracts are independent from the contract compilation of my country’s Civil Code. It is also relevant. Both smart contracts and ordinary contracts are related to the current contract system in terms of expression of intent, contract validity, defense rights, and contract performance, modification cancellation, breach of contract relief, etc., but there are also contradictions. In order to incorporate smart contracts into contracts for adjustment, it is necessary to take into account the particularity of blockchain smart contracts and the commonalities with contract-related systems.