区块链技术的信任制造及其应用的治理逻辑

On the Trust Mechanism of Blockchain Technology and the Governance Logic of Its Application

信任是经济交易关系的基础,也是法律治理展开的着力点,从熟人社会到现代社会再到网络空间,中心化的信任机制是主要的信用供给者,也是重要的治理载体。源始于比特币底层技术的区块链通过技术方式在网络空间构造出一种"去中心化"的信任模式,不仅为陌生者提供去中介化的信用,更具网络空间生产的利益分配方式改变之效能,但囿于政治经济学分析视角的合理性追寻与技术自治逻辑的自治性挑战,传统法律治理机制既无力改变,也难以为继,区块链技术信任下的法律治理模式需更新转变。同样基于区块链技术"去中心化"的逻辑结构与自组织的理论贡献,通过共识协议的由利益相关者"合作治理"的自律型监管既为法律治理渗入提供路径,亦能产生内外之拘束力,助力区块链系统的"共建共享"秩序生成。

Trust is not only the basis of economic transaction relationship, but also the focus of legal governance. From the "acquaintance society" to "modern society" and then to the cyberspace, centralized trust organizations are the main suppliers of credit and also the important carriers of governance. Blockchain, which originates from the underlying technology of bitcoin,constructs a decentralized trust model in cyberspace through technical means, which not only provides disintermediated credit for strangers, but also could change the way of profit distribution in the production of cyberspace effectively. However, due to the rational pursuit from the perspective of political economy and the challenge of autonomy of procedural language logic, the traditional legal governance mechanism is neither able to change nor sustainable, the legal governance model under the blockchain technology trust needs to be updated and transformed. Similarly, basing on the logic of decentralization of blockchain technology and the theoretical contribution of self-organization, the self-disciplined supervision with stakeholders participating in governance through the consensus agreements, not only provides a path for the infiltration of legal governance, but also can generates internal and external binding force, which helps to create the "co-construction and sharing" order in the blockchain system.