区块链智能合约场景下共犯归责逻辑的应对与重塑

伴随着区块链技术的社会整合进程,以智能合约为载体的新型共犯样本呈现出异化形态,对此传统共犯归责模式面临"去中心"环境下网络平台的监管弱化、"假名主义"环境下交互主体的参与虚化、合约主体意思联络"单向一次性"的归责困境,需在尊重数字逻辑的前提下联动调整共犯归责逻辑,以实现智能合约共犯归责范阈的外限界定与内限梳清.在外部界...

Response and Reshaping of the Accomplice Imputation Logic in the Scene of the Block Chain Smart Contracts

Along with the social integration process of Block chain Technology,the samples of new accomplice taking smart contracts as carrier presents alienation forms,to which the traditional accomplice imputation model faces the weakened supervision of the network platform in the"decentralized"environment,the virtual participation of the interactive subject under the’pseudonyms’environment,and the’one-way one-time’imputation dilemma of the contract subject.It is necessary to adjust jointly the accomplice imputation logic under the premise of respecting digital logic,so as to realize the external and internal limits of the liability threshold of intelligent contract accomplice.At the level of external boundary,it is necessary to restore the specification of contract self-execution procedure to the logic of causal accomplice,and convert it into the conditional formula of legal principle,so as to realize the specific judgment of causal process between virtual participation behavior and real legal interest infringement from the perspective of criminalization.At the internal boundary level,the types of neutral smart contract operation and maintenance platforms need to be classified and matched to build a duty of system with the connotation of"verification and report based on independent discovery beforehand"and"network disconnection and elimination based on passive notification afterwards".At the same time,from the objective and subjective perspectives,the theory of common behavior and the theory of’symbolic language’are introduced to the imputation of accomplices of contract subjects,so as to realize the clarification of the types of participation of contractual accomplices and the limitation of the penalty threshold in the dimension of crime.