Reflection "code is the law"
November 11, 2020 09:45 Source: "Chinese Social Sciences", November 11, 2020, No. 2045, Issue 2045

"Code is Law,This phrase was born in the 1990s,Professor Joel Reidenberg, a professor at the University of Ford Hamm University Law School,Originally an academic topic limited to the field of network law and regulatory theory。In recent years,With the rise of cryptocurrencies、Blockchain technology hot,This phrase starts to break through the academic circle,A buzzword of becoming an encrypted world、Representative slogan,It is known to more and more people,But at the same time, many people feel confused。At this time,Explore its meaning、Evolution and controversy caused by it,It looks very necessary。

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1999,Professor Lawrence Lessig of Harvard School of Law, the "code and other law" proposed by Reidenberg as "Code and Other Laws of Cyberspace" title,This phrase has since become a topic in the field of network law。

At that time,The Internet has just entered the life of ordinary people,The commercial Internet is in the ascendant。At that time, many people thought,Network space is different from the real world、Ideal free society,Traditional laws and government regulation measures cannot effectively manage this world。But,Lesigs keenly realized,Freedom is not the essence of network space。Hardware、Bet365 app download Software and code rules. The infrastructure of these Internet these Internet is the basis of the entire network space,What kind of form do we set up the structure,Which encoding mode is taken,What kind of regulatory effect will the network space be achieved -these can be completely free,It can be completely regulated,It can also be the middle state。Relevant enterprises and government departments have huge power,Can be selected by architecture and code,Realize the control of network space。

In Laiciger,"Code is Law" refers to the "law" of the code is the "law" of the network space。In the real world,We will be subject to several aspects: Market、Law、Social specifications, etc.。The emergence of network space,The fourth method of regulation -the code appears。We can be in code or software、architecture、In the agreement,Set some characteristics through technical setting,Achievement can be feasible to reach certain behaviors、Other behaviors that are restrained。This,Code will become a regulatory tool like laws in the real world,Even more efficient、Cost lower。For example,Internet intellectual property protection issues,Through the technical method directly,That is to build a trusted system with code internally,Realize more refined control of the acquisition and use of the work,It can play a better regulatory effect than conventional laws and social norms。

Later,The development of the Internet confirms Lesig's judgment。Driven bet365 live casino games by multiple factors,The Internet has moved from the initial chaos to a highly regulatable state,The sound of "Internet Utopia" before is gradually dissipating,until cryptocurrency、The emergence of blockchain technology。

 The "code is the law" in the encryption world

2009,Bitcoin was born,The next series of cryptocurrencies were born。Cryptocurrencies are a distributed ledger -based technology (usually blockchain)、Digital currency for Internet online transactions,Essentially a code。Although the cryptocurrency itself as an Internet native "currency" is uncertain,But more and more people have noticed the revolutionary meaning of the underlying blockchain technology。Blockchain provides a distributed formula、Methods that cannot be tampered with,Users can safely store information、Transaction、Transfer value。Blockchain solves the problem of strangers mutual trust without third -party guarantee conditions,Therefore, it is called "trust machine"。New technology attracts people from all colors,They gather on the Internet to form an encrypted world。In the world of encryption,Smart Contract、Reconstruction of new things such as decentralized autonomous organizations、Concept、Try to continue to emerge。

Smart Contract is essentially an automatic computer program。1994,Codemist Nick Szabo proposed the concept of smart contracts,But at that time there was no extensive application。This was because the lack of credible execution bet365 best casino games at that time — the contract mostly solved the demand between strangers,If there is no third party guarantee,Performance is usually impossible to guarantee。Blockchain solves the problem of trust,This makes the large -scale application of smart contracts possible。Smart contracts use code to write the contract information clearly,Storage and running on the blockchain。Once the convention condition is triggered,The execution of the contract (such as the transfer of funds) will be completed automatically,Even the developers of this program cannot tamper with,It is not restricted by any specific hardware equipment。This allows any user to establish a contract freely,Anyone who has a specific programming language can write such smart contracts,and create their free definition rules。

The combination of smart contracts and blockchain is considered to have broad application prospects。Except payment、Securities Issuing this type of financial operations outside,Any credit、Safe and persistent occasions with higher requirements,If an employment contract、Judicial certification、IoT, etc.,Smart contracts can meet their needs。Further,Smart contracts running on the blockchain will also surpass simple tools and develop into like laws、The trust carrier of the intermediary。For example,Organizations like a company can exist in the form of code。We can put all systems、Management、Performance rewards, etc. Write in the code and Bet365 lotto review store it in the blockchain,All governance allocates resources globally through smart contracts、Forming collaboration,Automatically complete。This kind of decentralized autonomous organization on the blockchain (Distributed Autonomous Organization,DAO) is not a business subject in the traditional sense,It is actually an agreement,But running like an independent entity。

Supporters of some encrypted worlds think about,Smart contracts are not only running similar to the law,More advantages that do not have the traditional legal system: replacing vaguely ambiguous legal language with clear and undoubted computer language,Realize various laws in human society、Contract,Payment through encrypted assets automatically executes according to the established steps。Such contracts define the contract content,It also guarantees the execution of the contract,Eliminated the uncertainty of both parties to perform in accordance with the law,Equivalent to a contract that will not destroy the contract。If all parties can reach a contract with the contract content,and the perfect execution protocol from a distributed network,Smart contracts may be a substitute for traditional laws。More importantly,The combination of blockchain and smart contracts can also be used to perform the governance function of the organization,The operation and management of traditional organizations replaced by code instead of traditional organizations based on natural language written protocols,Reform bet365 Play online games existing companies and other legal entities,Create new organizations and collaborations at the same time。

This heralds the generation of a new type of legal system。Entering the rules system of individuals will become unprecedented easily,Through the blockchain and smart contract,People can choose and implement autonomous rules at will。Law researchers Primavera de Filippi and Aaron Wright (Blockchain and the Law: The Rule of Code "called it called" "Lex Cryptographica)。

The emergence of blockchain will largely change the traditional social governance method -more and more rely on code to organize economic and social activities。We may be more and more unconvinced from any third -party control code (run of code。Along with the new thing of cryptocurrency, walk to the front desk,"Code is Law" has also become a representative cultural slogan of the encrypted world。

Of course,Code governance is facing many problems。For example,Legal rules cannot be fully described by highly formal code language,Code rules rigid and more than more,Insufficient flexibility,Unable to adapt to the changing environment; although the form of rules is code,but its design、Implementation and use is still completed by people,The final expression is people's intention。So,The saying of "code with the law",Perhaps it will be supported by more people。

(Author Unit: Institute of Philosophy in Shandong Academy of Social Sciences)

Editor in charge: Cui Cen
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