Criminal Risks and Countermeasures in the Application of Blockchain Smart Contract
With the rapid development of blockchain technology,crimes based on smart contracts are becoming diversified.The"decentralization"risk of distributed ledger and the"transformation"risk of contract code have led to crimes using smart contracts as tools.The"private key"risk of asymmetric algorithm leads to the crime of taking smart contract as the object.The"irreversible"risk of automatic execution produces a crime with smart contract as the space.In order to deal with the above risks,we need to integrate computer technology and criminal law theory.In terms of technology,it is necessary to seek the decentralizing transformation from"complete anonymity"to"controllable anonymity",transform platform obligations from"complete disregard"to"necessary supervision"and improve the plugging mechanism of the contract code.In terms of criminal law theory,it is essential to introduce the theory of joint act,fully recognize the one-sided accomplice theory,deter-mine the virtual property attributes of private key and ETH,and take the theory of substantive preparatory crime as the basis for punishing smart contract at the preparatory stage.
Smart contractCriminal riskType of crimeCoping logicDual track system
万方数据
维普
