智能合约真的会冲击合同法吗?

Will Smart Contracts Really Impact Contract Law?

智能合约依托区块链得以实现,但受自身特征限制,无法成为合同法的未来。编写智能合约,需要将自然语言转换为编程语言,技术门槛较高,还会产生额外的成本与风险。区块链为智能合约赋予了匿名性与不可变动性,前者会阻碍当事人产生信任、限制司法介入、逃避国家监管,后者则导致当事人无法及时应对不可预见的变动。智能合约的自动执行性与不可变动性结合,导致当事人只能获得事后救济,消灭了合同履行中的弹性,影响效率。智能合约依赖预言机实现人机交互,但这消解了其无需人工介入的特征。混合链与预言机的运用可以改进智能合约,但几乎完全消灭了它的特征。智能合约可以影响设计合同的思路,但它最适合小额、即时、标准化的数字产品或服务交易,故意义有限。

Smart contracts are realized through blockchain, but limited by their characteristics, they cannot become the future of contract law. Compiling smart contracts requires the conversion from natural language into programming language, which has a high technical threshold and additional costs and risks. Blockchain endows smart contracts with anonymity and immutability. The former hinders the parties from generating trust, limits judicial intervention, and evades state supervision, while the latter prevents the parties from responding to unpredictable changes timely. Due to the combination of automatic execution and immutability in smart contracts,the parties can only receive ex post relief, which eliminates flexibility in contract performance and seriously affects efficiency. Smart contracts rely on oracles for human-computer interaction, which, however, neutralizes their characteristic of dispensable human intervention. The use of hybrid chains and oracles can improve smart contracts, but will almost eliminate their characteristics. Smart contracts can influence the pattern of contract design, but they are mostly suitable for small-sum, instant, and standardized digital products or service transactions, thus generating only limited significance.