基于要约–承诺的智能法律合约订立方法与实现

Design and implementation of conclusion procedure in smart legal contracts based on negotiation and acceptance

  • 摘要: 从合同订立的相关法律规定入手,通过引入合约范本化思想,提出了一种包含智能合约建立、部署、订立和存证四个阶段的规范化合约订立流程,使之满足书面合同成立要件的法律规定;同时,在合约范本中提出了书面化交互接口,使之满足合约“订”和“立”两个阶段的交互;此外,在智能法律合约语言SPESC中引入了合约订立相关语法,使之满足合约订立过程中的“要约–承诺”制度,并设计了三种区块链交易结构支持当事人注册、签名、条款执行中交互数据的存证;最后,以销售合约为实例,从订立过程的要约认定、承诺认定、存证合法性三方面辨析了所提智能法律合约订立方案的合规性。所做工作将有助于为智能法律合约的订立过程提供法律依据,促进我国智能合约的法律化建设。

     

    Abstract: Smart legal contract (SLC), as a form of smart contract in accordance with the law, has attracted extensive attention in recent years. However, the conclusion procedure of an SLC still lacks effective technical methods to make it conform to the current legal regulations, which directly affects the legitimacy of the SLC contract. Therefore, this paper starts with the relevant legal regulations of contract conclusion and introduces the idea of contract normative pattern (CNP), which is a reusable form, model, or template for contract conclusion. Based on these regulations, we propose a standardized conclusion procedure of smart legal contracts. This procedure includes four stages: establishment, deployment, conclusion, and deposit to meet the current legal regulations for the conditions of establishment in the written contracts. Meanwhile, a written form of interactive interface is proposed to satisfy the two stages of “negotiation” and “acceptance” in the CNP. The negotiation stage supports the parties to repeatedly negotiate and determine the pending contents in the CNP, and the acceptance stage is to activate the behavioral attribute by actively triggering predefined algorithms, such as registration and signature. In addition, the syntax of contract conclusion, including parties’ negotiation and acceptance, is introduced in the SLC language, SPESC, to adhere to the “negotiation-acceptance” mechanism in the conclusion procedure. In this paper, we design three blockchain’s transaction structures to store interactive data during party registration, signature, and clause execution. Finally, considering the sales contract as an example, we analyze the legitimacy of the proposed conclusion scheme based on three aspects: negotiation confirmation, acceptance confirmation, and deposit legitimacy. This paper will provide a legal basis for the conclusion procedure of an SLC and promote better achievement of legalization of a smart contract.

     

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