General Secretary Xi Jinping emphasized when presiding over the 18th collective study of the Political Bureau of the Central Committee: "The integrated application of blockchain technology plays an important role in new technological innovation and industrial transformation." Law and technology both solve basic problems of human society. The two can promote and integrate with each other in many fields, and the achievements of the prosperity and development of science and technology should better assist the construction of the rule of law and provide a solid guarantee for the modernization of the national governance system and governance capacity.
1. The application of blockchain technology: changing the form of the rule of law in the governance structure
Blockchain technology is a product of the era of modern information technology development. It aims to deal with social relations with mathematical methods, so it may replace part of the normative role of the law. Fundamentally, blockchain is a legal technology or institutional technology that will directly change the form of law.
On application in the field of private law. Richard Taylor, winner of the 2017 Nobel Prize in Economics, and jurist Cass Sunstein have talked about the use of people's cognitive laws to design technologies, so as to induce socially beneficial behaviors without legal coercion. example. The jurist Leisig, in his classic online law book "Code", has repeatedly emphasized that "code is law", which controls people's online behavior. Based on blockchain technology, Nick Szabo's "smart contract" concept has been realized. A smart contract is not a mere legal term, but an enforcement mechanism for the parties to automatically resolve disputes based on the commitments they have concluded. The operation mode of the smart contract is suitable for the digital asset trading market. As long as the code requirements written by the programmer are met, the obligations in the contract will be automatically fulfilled. At the same time, each contract is diffused and stored in each node through the network. When consensus verification is required, each node uses its own stored ledger for proofreading. The advantage of smart contracts is that they automate the processing of transactions and perform traceable, irreversible and secure storage of transaction information without the need for a third party.
On the application in the judicial field. Judicial blockchain technology promotes judicial autonomy mechanism and electronic evidence identification mechanism, reduces human subjective intervention factors, and utilizes the characteristics of "information traces" of blockchain, information can be sent to all nodes of the blockchain in a safe, controllable and tamper-resistant manner. Broadcasting, cross-checking, common accounting. Based on this, on May 22, 2019, relying on the Hangzhou Internet Court, and with the Ant Blockchain, we jointly built a judicial block in the Yangtze River Delta featuring "full-process records, full-link credibility, full-node witness, and all-round collaboration". The chain platform trust mechanism realizes the whole-process closed link of "voluntary signing – automatic performance – intelligent filing of cases that cannot be fulfilled – intelligent trial – intelligent execution". The judicial autonomy mechanism technically breaks through the limitations of human language subjectivism, and avoids misunderstandings caused by imprecise language or incomprehensible words; in terms of intelligence, manual intervention is reduced, and procedures such as case filing, trial, and execution are disclosed and information Symmetry, fair content, and intelligent operation; in terms of manpower, it promotes judicial convenience and realizes the implementation of "one-click case filing".
On June 14 of the same year, under the guidance of the Supreme People's Court Information Center, China Academy of Information and Communications Technology, Shanghai Higher People's Court, and 25 units including 6 provincial and municipal higher people's courts and 3 Internet courts officially released "Blockchain". White Paper on the Application of Judicial Depository Evidence. Starting from the system design principles of blockchain electronic data storage and the feasibility of electronic data storage with blockchain technology as the underlying technology, the white paper scientifically and rationally expounds the application of the blockchain judicial evidence storage white paper. Compared with general electronic evidence, blockchain technology effectively realizes the functions of self-falsification and self-credit endorsement of evidence. Through decentralized technical means, it improves the current situation of low acceptance rate of electronic evidence. The traditional legal norms of evidence show a powerful repairing effect.
2. Supervision of blockchain technology: enriching the rule of law in society
Code rules are combined with legal regulations. Lawrence Lessig put forward the idea that "code is law" in "Code: The Law Shaping Cyberspace". In fact, the code is the program. There is no program without loopholes in the world. Any program has loopholes in theory, especially the blockchain technology that is still in the development stage. It establishes corresponding industry standards for the architecture, data, security and other aspects of the blockchain itself. At the same time, general technology is not completely neutral, and often has a certain commercial tendency in the context of market economy. Therefore, both software developers and equipment manufacturers need to be bound by relevant laws and regulations. Basically, all countries have formulated corresponding laws and regulations to regulate the figures. code. But just relying on these technical basic laws is not enough to adjust the civil and commercial legal relations in the economic and social fields based on blockchain technology, for example, how to determine the nature of digital currency, and what legal significance does smart contract have with traditional civil and commercial contracts These issues are still to be resolved.
Autonomy is combined with hegemony. Code can be regulated by laws and regulations, so as to avoid the bad consequences of code. However, the decentralized nature of blockchain and the code nature of smart contracts have created new challenges in terms of legal liability and normability. The law cannot simply pass a decree to prevent the independent research and development of software developers, so it is necessary to establish and improve the supervision mechanism of the blockchain industry, which not only accommodates prudential supervision, strictly prohibits cross-border, but also accommodates trial and error and innovative development. Jointly explore a new mode of blockchain supervision, realize the upgrading and efficiency improvement of supervision technology, reduce supervision costs, ensure parallel industrial development and supervision, and create an environment for the healthy development of blockchain technology.
3. The path of blockchain technology: integration with the rule of law rather than replacement
Technology can be used to fill gaps in the way the existing law works, but it cannot completely replace the law. Whether the blockchain will eventually become a free technology or a controlled technology also depends on how the country adjusts its development direction through laws and policies. Breakthrough, just like the Internet itself, the blockchain has also experienced a process from breaking through the existing legal framework, breaking through the existing institutional constraints, and being tamed and utilized by the law. Of course, this is an ongoing process that is far from over. Convergence, the development of blockchain depends on having an effective and legal governance structure, which requires not only code that can control the operation of digital technology (“self-discipline”), but also traditional rules (“law”) stipulated by the national legal system. Returning, as Professor Zhang Wenxian pointed out at the 2018 annual meeting of the Internet and Information Law Research Association: "We must be good at innovating law, the greatest invention of mankind, to control technological inventions such as artificial intelligence, and guide the ever-changing Internet information technology to keep pace with the times. On the track of the rule of law, it will benefit human society.”
Responsible editor: Ct