Exploration of Legal Issues in the Judicial Practice of Smart Contracts

Abstract

The process of smart contracts, from conceptualization to actual landing applications, is accompanied by the continuous development of blockchain technology. China attaches great importance to the application of blockchain technology represented by smart contracts in judicial practice, with the background of the construction of smart courts, relying on the construction of judicial blockchain, according to the unique automated execution characteristics of smart contracts, the mediation and execution of civil disputes filed as an entry point, to explore the high-quality development of the judicial trial and execution business. In the current judicial practice, smart contracts face a lack of legal norms, technical construction loopholes, and information security risks. To guarantee the reasonable and compliant stable operation of smart contracts within the legal framework, it is necessary to clarify the legal positioning of smart contracts, strengthen the construction of the rule system for the judicial application of smart contracts, introduce the ODR to broaden the rights' relief channels, and at the same time, encourage the participation of diversified subjects in the construction of the judicial blockchain, and establish the legalized review mechanism of smart contracts.