区块链技术下智能合约之于合同的新诠释

应用于交易领域的智能合约融入区块链技术,以代码形式表现,可实现合同履行的自动化和不可逆,超越了传统意义上的合同模式.自助行为说、代理说将智能合约视为对合同过程的外部增强,是侧面功能的法律阐释,并未完全捕捉到实质.智能合约并不一定跨越整个合同过程,也可仅是合同过程某个方面或某个阶段.法律意义上的智能合约不是合同新类型,而是合同关系形式的新发展,即当事人缔结和履行合同的新形式,合同性质未发生实质变化.智能合约满足特定要件构成特殊的书面形式,具有"书面形式+自动履行"功能的特质.民事主体通过智能合约形式订立合同应遵守《民法典》等现行法律的具体规则,以保证合同依法成立与生效.智能合约不等同于具有法律效力的合同,认定其效力应结合智能合约应用中的具体问题展开具体分析.从立法上确认智能合约,在符合国家现有法律、政策基础上编写和应用,实现形式的合法化、内容的规范化是该技术谋求长远发展的保障.技术起步的现阶段,纸质合同、一般电子合同与智能合约在不同方面发挥协作作用,会在未来一段时间内成为民事交往、商业交易的主要状态.

New interpretation of smart contracts based on blockchain technology from the contractual perspective

By virtue of the blockchain technology, smart contracts in transactions are presentable in the form of code, thereby fulfilling the contract in an automatized and irreversible approach, transcending the traditional contract model. The theory of self-help act and the theory of agency, which are deemed as an external reinforcement to the course of the contract''s execution, are only a side explanation in a legal term that fails to grasp the essence. A smart contract does not necessarily cover the entire process of a contract, and instead, it perhaps simply constitutes an aspect or a stage of the contract. The smart contract in legal sense is not a new contract type, but a new development of contractual relationship, i.e., a new form to close and fulfil a contract by the parties concerned, whereas the nature of contract remains unchanged. Smart contract meeting specific requirements will constitute a special written form, which has the characteristics of "written form + automatic performance". When the civil subjects sign a contract by means of a smart contract, they should abide by the Civil Code and the relevant existing laws to ensure the legitimate establishment and validity of the contract. A smart contract is inequivalent to a contract with legal force, so the validity of it should be analyzed in specific scenarios during its application. For the sake of a long-term development of the smart contract, we should establish it in legislation, as well as compile and apply it in compliance with the current laws and policies to legalize the form and standardize the content of it. During the startup age of the technology, paper contract, general electronic contract and smart contract are functioning in tandem with one another in varying scenarios. This will become a principal status for civil contact and business transaction in the future.