智能合约的法律属性及规制研究

Research on the Legal Attributes and Regulation of Smart Contracts

摘要: 智能合约作为一项伴随着区块链技术发展而诞生的技术，其发展尚未成熟，还面临着大量尚不可预见的社会风险和法律问题。本文以智能合约概念、运行方式和特点作引入，使对该项技术的运作原理有基本之了解，后阐述智能合约的法律属性及与传统合同之不同，再而从民法典角度探寻我国对其规定之空白和不足，提出明确智能合约合同属性、进行实名登记、内容审核机制及建立违约金划拨机制。

Abstract: As a technology born along with the development of blockchain technology, smart contracts have not yet matured in their development, and still face a large number of unforeseeable social risks and legal problems. This paper introduces the concept, operation mode and characteristics of smart contract, so as to have a basic understanding of the operation principle of this technology, then elaborates the legal attributes of smart contract and the difference with traditional contract, and then explores the gaps and deficiencies of China’s regulations from the perspective of the Civil Code, and puts forward the clarification of the attributes of the contract of smart contract, real-name registration, the content audit mechanism, and the establishment of the mechanism for liquidated damages transfer.