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王杰等:数字加密资产全流程视角下区块链核心要素之法律效力
Sou Hu Cai Jing· 2025-11-28 12:32
Group 1 - The rise of digital crypto assets is reshaping the traditional logic of asset issuance and circulation, with key elements such as white papers, smart contracts, and decentralized autonomous organizations (DAOs) embedded in the asset lifecycle [2][3] - Digital crypto assets are defined as value carriers that exist in digital form and circulate within blockchain networks, characterized by decentralization, immutability, and traceability [3][4] - The lifecycle of digital crypto assets includes a complete loop of information disclosure, technical deployment, asset issuance, storage interaction, cross-chain circulation, data support, governance operation, and transaction realization [7][8] Group 2 - Legal definitions of core elements such as white papers, smart contracts, and DAOs are contentious, with varying interpretations across jurisdictions [27][30] - The legal effectiveness of white papers hinges on the authenticity, completeness, and accuracy of information disclosed, with potential liabilities for false statements [16][21] - Smart contracts are recognized as a special form of electronic contracts, requiring compliance with specific legal conditions for validity [17][24] Group 3 - Global regulatory practices vary significantly, with the U.S. and China having distinct legal frameworks governing digital assets, impacting compliance and operational strategies [21][22] - The legal status of DAOs remains ambiguous in many jurisdictions, complicating their participation in civil activities and liability assignments [30][26] - Existing disputes highlight the challenges of cross-border jurisdiction and legal conflicts, particularly in cases involving decentralized technologies [28][29] Group 4 - Compliance pathways for industry participants include adhering to established guidelines for white papers, ensuring technical safety, and clarifying governance rules within DAOs [31][32] - Legislative efforts are needed to create a structured regulatory framework that categorizes digital assets and clarifies the legal attributes of core elements [32][33] - The interaction between technological innovation and legal regulation is crucial for the healthy development of the digital crypto asset industry [33]