浅议《合同法》框架下的智能合约适用问题

智能合约是运行在区块链上能够自动履行合同义务的新型合同,因其具备"自动履行"和"去中心化"等优势,故可降低合同履行成本、提高合同运行效率,但也导致了智能合约难以直接适用现行合同制度的订立规则、生效要件和救济方式等问题。本文从理论角度分析了智能合约的运行过程,通过对合同法理论的解释使智能合约与合同制度相契合;从技术角度分析了智能合约的原理与架构,利用技术手段对其进行修正,使智能合约符合《合同法》的规定。

On the Application of Smart Contract in the Framework of Contract Law

Smart contract is a new type of contract th at can automatically perform its contractual obligations on the blockchain.Because of its advantages of "automatic performance" and "decentralization",it can reduce the cost of contract performance and improve the efficiency of contract operation,but it also leads to the problems that smart contract is difficult to directly apply the existing contract system,such as the rules,effective elements and relief methods.This paper analyzes the operation process of smart contract from the theoretical point of view,and makes the smart contract and the contract system fit through the interpretation of the contract law theory;analyzes the principle and structure of smart contract from the technical point of view,and makes the smart contract conform to the provisions of the contract law by using the technical means to modify it.