Analysis on the Development and Legal Application of Block Chain
Published:
2020-05-16
Foreword
In 2008, the father of bitcoin, Nakamoto, published "Bitcoin p2p e-cash paper", which brought bitcoin to the world. Bitcoin has shown the world that even without a credit endorsement, it can still be recognized by the world based on human consensus on mathematical algorithms. With the guidance and support of national policies, blockchain technology has been put into more and more real industries, resulting in a situation of "blockchain" blooming; and the policy call of legal rules has also forced legal people to intervene in the study of the legal application of blockchain.
1. the concept of blockchain
The block chain, which is "blockchain" in English, is essentially a decentralized distributed ledger database. The original block chain technology is to stamp time, and all parties keep accounts and notarize together to form blocks one by one. Then each legal block is connected into a chain to form a distributed ledger database that is unanimously approved by everyone.
2. the core technology of blockchain
Blockchain technology is characterized by distribution, immutability, encryption and peer-to-peer transmission.
Development and Application of 3. Blockchain Technology in China
Blockchain has realized decentralization and trust at the technical level, realized one-to-one value exchange, realized the transformation from "information interconnection" to "value interconnection", and also brought people from the centralized "feudal information era" ", into the open" decentralized era ".
The original ecological application of blockchain technology, such as digital currency, digital wallet, etc. The emergence of Bitcoin in 2008 was a landmark event in the application of blockchain, Bitcoin is not affiliated to any person or organization, there is no mint or credit enhancement agency, everyone can participate, through consensus, mining to earn Bitcoin or trading Bitcoin, is a highly spontaneous system, representing the era of public chain 1.0.
With the passage of time, the application and development of blockchain technology in all walks of life are also changing with each passing day. According to the 2018-2019 China Developer Survey Report released by CSDN (China Software Development Alliance), the financial sector with the highest voice accounts for 63% of the many application scenarios of the block chain. Intellectual property management and commodity anti-counterfeiting, Internet of Things and intelligent hardware are also mainstream application directions. In the combination of block chain and other technical fields, big data, Internet of Things and cloud computing are generally optimistic. With the popularization of technology, the integration and application of blockchain technology and industry has been widely reported by the media, and the blockchain technology has been highly concerned by the government.
4. policy support
The White Paper on China's Blockchain Technology and Application Development (2016) issued by the Ministry of Industry and Information Technology in 2016 summarizes the current situation and application scenarios of blockchain development at home and abroad, and expounds the development route of blockchain technology and the direction and process of future standardization.
In October 2017, the general office of the State Council issued the guiding opinions on actively promoting the innovation and application of supply chain, which pointed out that "it is the top priority of the current work to study and use emerging technologies such as blockchain and artificial intelligence to establish a credit evaluation mechanism based on supply chain, promote the organic docking of various supply chain platforms, and strengthen the disclosure and sharing of information such as credit rating, credit record, risk warning, illegal and dishonesty, etc". The first example of blockchain-based supply chain finance application in China is in the field of supply chain finance in the State Grid.
The "Regulations on the Management of Blockchain Information Services" implemented on February 15, 2019, as China's first normative legal document specifically for "blockchain" issued by a central state agency, from the main body, that is, the blockchain information service provider, The supervision and management of the Internet Information Office, industry self-discipline and social supervision, the supervision method, that is, the necessity of information filing, and legal liability, that is, the punishment for violation of regulations, are stipulated.
On October 24, 2019, at the 18th collective learning meeting of the Political Bureau of the CPC Central Committee, General Secretary Xi Jinping pointed out that the application of blockchain technology has been extended to digital finance, Internet of Things, intelligent manufacturing, supply chain management, digital asset transactions, etc. In many fields, blockchain technology plays a vital role in new technological innovation and industrial transformation.
Legal Application of 5. Blockchain Technology
(I) judicial deposit and collection of evidence
The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Internet Courts, which came into effect on September 7, 2018, affirmed for the first time the nature of information collected and fixed through blockchain technology as evidence, so that information on depository evidence through blockchain technology has become a legitimate form of evidence.
In August 2019, in order to build a unified platform for the judicial block chain of the people's courts, the Supreme People's Court completed the construction of 21 courts in multiple provinces and cities at the four levels of the Supreme People's Court, the High Court, the Intermediate People's Court and the grass-roots court, as well as 27 nodes of the multi-dispute mediation platform, notary office and judicial authentication center. The joint four-level courts completed a total of more than 0.18 billion data-link-up, and has led the formulation of the "judicial blockchain technology requirements", "judicial blockchain management norms", to guide the standardization of the national court data on the chain.
(II) Smart Contracts
A smart contract, which refers to "a set of digitally specified commitments, including an agreement for the parties to fulfill those commitments," is a new form of contract. Smart contracts based on blockchain technology are enforceable and immutable and are being promoted and applied. However, based on the provisions of the current Contract Law on meaning expression and contract validity, smart contracts have encountered legal bottlenecks in the application process. At this time, legal practitioners are required to review the legality of smart contracts in advance, and put the parties' future status of the contract as much as possible into the contract terms to improve the level of protection of the parties' interests.
(III) execution information
At present, local courts are making every effort to push forward the whole process of leaving traces and making the execution of the process nodes open. The appeal can also be recorded and fixed through block chain technology to make an advanced version of execution informatization. The development trend of enforcement is socialization and marketization. It also requires the judicial system to make use of market mechanisms, coordinate with external resources, build network docking lines, connect social blocks with judicial blocks in series, break the dependence of enforcement cases on judicial resources, and alleviate the problem of enforcement difficulties.
(IV) Blockchain Lawyer Letter
At present, law firms have developed the function of block chain lawyer's letter. Based on the support of block chain technology and electronic signature law, effective real-time lawyer's letter delivery is realized. It has many advantages such as batch issuance, convenience and efficiency, cost saving, repairability, legal certificate deposit, etc. It has particularly remarkable effects in the collection of non-performing assets of financial institutions, the collection of balance payment of real estate companies, the collection of property utilities and intellectual property rights, etc.
6. epilogue
The vision of the law itself is to guide and regulate human behavior, and the underlying information technology supports the automatic implementation of legal provisions, which is a new way of thinking for the implementation of the law in the information age, and it is also the only way for human society to develop to a certain stage. The coupling of law and technology is by no means on paper. The era of artificial intelligence requires us legal people to conform to the development of the times, step on the cornerstone of technology, and defend the majesty of the law!
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