基于区块链的供应链金融法律问题研究

Research on the Legal Issues of Supply Chain Finance Based on Blockchain

摘要: 在社会发展的过程中，中小企业融资困难以及成本高昂的问题日益凸显，为使得实体经济获取必要的金融支持，我国政府近些年也在着力推动供应链金融的进一步发展。供应链金融的形成在一定程度上拓宽了中小企业的融资渠道，但随着其规模的不断扩大，供应链金融本身信息不对称等问题与其造成的风险越发突出，阻碍了其进一步的发展。因此，为了更好地服务于供应链上相关企业并解决处理融资业务的相关问题，本文将通过区块链技术的应用对供应链金融所带来的法律问题作以下研究：一是分析区块链以及供应链金融的概念；二是通过对各国区块链的比较研究，探讨在规则冲突下法律监管与区块链下供应链金融中交易的适配性问题；三是研究分析区块链技术对供应链金融发展的作用；四是结合目前存在的链上应用问题以及所衍生出的各类风险，提出相应的法律路径规制与现实解决方案，以期弥补市场监管的不足，推动供应链金融不断发展与完善，帮助提高企业的效力与发展。

Abstract: In the process of social development, the financing difficulties and high costs of small and medium-sized enterprises are increasingly prominent. In order to make the real economy obtain the necessary financial support, Chinese government is also promoting the further development of supply chain finance in recent years. The formation of supply chain finance has broadened the financing channels of small and medium-sized enterprises to a certain extent. However, with the continuous expansion of its scale, the problems such as information asymmetry in supply chain finance itself have become more and more prominent, which hindering its further development. Therefore, in order to better serve the relevant enterprises in the supply chain and solve the related problems of dealing with the financing business. This paper will make the following research on the legal issues brought about by supply chain finance through the application of blockchain technology: First, analyze the concept of blockchain and supply chain finance; second, through comparative studies on blockchain in various countries, discuss the compatibility of legal regulation and supply chain finance under the conflict of rules; third, study and analyze the role of blockchain technology on the development of supply chain finance; fourth, combining with the existing on-chain application problems and various derived risks, put forward the corresponding legal path regulation and realistic solutions. In order to make up for the lack of market regulation, promote the continuous development and improvement of supply chain finance, help to improve the effectiveness and development of enterprises.