区域链赋能供应链金融法律风险的重塑与应对--以应收账款融资模式为例

Study on the Reshaping of and Response to Legal Risks of Supply Chain Finance Empowered by Block-chain--Taking the Accounts Receivable Financing Model as an Example

供应链金融业务对于解决中小微企业融资困境的重要性与日俱增,但由于参与主体信用问题难以保障,该融资模式尚存较大法律风险。经由区块链赋能,传统应收账款融资模式中贸易真实性存疑等核心问题得到极大改善,但对于应收账款的多次转让仍难以起到规制作用。此外,区块链技术中存在的节点作恶、监管难度大等问题引发了新的法律风险。基于以上问题,本文认为,相关部门需完善该领域规范制度,着手建立信用体系,引入针对性监管技术,提高有关部门的监管能力,以寻求激发融资活力与保证金融安全的折中平衡。

The supply chain finance business is increasingly significant in solving the financing dilemma of SMEs.However,this financing model still has great legal risks due to the difficulty in guaranteeing the credit of the participants.Through the empowerment of block-chain,core issues of traditional accounts receivable financing model such as defective notification procedures and doubts about trade authenticity have been greatly improved,but it remains difficult to regulate the multiple transfers of accounts receivable.In addition,the problems of malicious nodes and difficult supervision in block-chain technology have triggered new legal risks.In view of the above problems,this paper believes that relevant departments need to perfect the regulatory system in this field,establish a credit system,introduce targeted regulatory technologies,and strengthen the regulatory capabilities of relevant departments,so as to seek a balance between stimulating financing vitality and ensuring financial security.