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Legal Analysis and Rule Construction of Smart Contracts
- 1 Faculty of Law and Justice, The University of New South Wales, Sydney, Australia
* Author to whom correspondence should be addressed.
Abstract
In the context of the boom in blockchain technology since 2008, the range of applications for smart contracts, which were first introduced in 1995, has been expanding. Their development, however, has been hampered by legal issues. The legal research on smart contracts is of great significance. Theoretically, it challenges and enriches the traditional contract theory and legal system. From a practical point of view, it helps regulate its application and protect the rights of parties in various fields such as finance and supply chain. This article delves into the legal nature of smart contracts, analyzing their relevance to traditional contract elements such as offers and acceptance. It also discusses the protection difficulties such as the difficulty of contract modification, the difficulty of contract rescission and the difficulty of contract validity. Suggested solutions include incorporating it into the existing legal system and using soft law for regulation. In summary, although smart contracts face challenges, with the development of technology and the improvement of laws, their intelligent development prospects are broad, and will drive social innovation.
Keywords
smart contracts, legal nature, contract law, rule construction, blockchain
[1]. He.H., Yan.A.,Chen Z. (2018). Overview of smart contract technology and application based on blockchain. Computer Research and Development, 55 (11), 2452-2466.
[2]. Liwei.O., Shuai.W., Yong.Y., Xiaochun.Ni., Feiyue.W. (2019). Smart Contracts: Architecture and Progress. Journal of Automation, 45 (3), 445-457.
[3]. Kolvart, M., Poola, M., Rull, A. (2016). Smart contracts. The Future of Law and etechnologies, 133-147.
[4]. Zhu Yan, Wang Jing, Guo Qian, & Liu Guowei. (2020). Research progress of blockchain-based smart contract technology. Cyberspace Security, 11 (9), 19-24.
[5]. Borse, Y., Chawathe, A., Patole, D., Ahirao, P. (2019, February). Anonymity: A secure identity management using smart contracts. In Proceedings of international conference on sustainable computing in science, technology and management (SUSCOM), Amity University Rajasthan, Jaipur-India.
[6]. Hewa, T. M., Hu, Y., Liyanage, M., Kanhare, S. S.,Ylianttila, M. (2021). Survey on blockchain-based smart contracts: Technical aspects and future research. IEEE Access, 9, 87643-87662.
[7]. National People's Congress of the People's Republic of China (2020). Civil Code of the People's Republic of China, article 472.
[8]. Jidong.C. (2019). Legal Construction of Smart Contracts. Oriental Law, 3, 18-29.
[9]. LuJie D. (2023). Research on the current status of blockchain smart contracts. Dispute Settlement, 9, 2603.
[10]. Xichen.L. (2020). Blockchain smart contracts challenge traditional contract law and their responses. Journal of Xihua University (Philosophy and Social Sciences Edition), 39 (3), 94-100.
[11]. Zhenguo C. (2019). Thoughts on Contract Law of Smart Contracts under Blockchain. Social Sciences in Guangdong, 4, 236-246.
[12]. Yibo C. (2019). Research on the Fit between Smart Contracts and the Private Law System. Oriental Law, 2, 68-81.
[13]. Wang, & Huixu.Y. (2019). Private law challenges and responses to smart contracts. Yunnan Social Sciences, 4, 127-133.
[14]. Yong.Y.,Feiyue.Wang. (2016). Development status and prospects of blockchain technology. Acta Automatica Sinica, 42(4), 481-494.
Cite this article
Yin,B. (2025). Legal Analysis and Rule Construction of Smart Contracts. Advances in Economics, Management and Political Sciences,178,49-55.
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Volume title: Proceedings of the 3rd International Conference on Management Research and Economic Development
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