Application of Smart Contract in Government Procurement Bidding: Path, Problem and Legal Response
WANG Dong1, CHENG Yuan-yuan2
1.School of Law, Xinjiang University of Finance and Economics, Urumqi Xinjiang 830012, China 2.Xinjiang Transportation Construction Investment Holding Co., Ltd, Urumqi Xinjiang 830023, China
Abstract:The smart contract based on blockchain technology has the characteristics of decentralization, trustworthiness, no tampering, and verifiability. Its automatic execution breaks the traditional transaction mode and habit of the contract, and is considered the most promising application in blockchain technology. The application of smart contract in government procurement bidding can improve the quality of government procurement and promote the disclosure of government procurement information. However, at the same time, when traditional contract is transformed into smart contract, there are understanding obstacles caused by the conversion of legal language to technical language, difficulties in legal application of the relevant principles and rules of the contract law to the smart contract tendering and bidding, as well as information security problems caused by code defects and code loopholes. At present, the application scenario of smart contract in government procurement tendering and bidding is mainly realized through the triple paths of “value assignment”, “enabling” and “empowerment” of corresponding technologies in government procurement tendering and bidding. It needs to reshape the application of intelligent agreement on government procurement bidding rules in “soft law” mode, establish specific rules of contract law principles and rules for smart contract, perfect the flexible legal supervision mechanism for the security application of smart contracts, and establish multidimensional supervision on government procurement bidding information security embedded with block chain technology.
王东, 程园园. 智能合约在政府采购招投标中的应用:路径、难题与法律因应[J]. 北京交通大学学报(社会科学版), 2022, 21(3): 137-146.
WANG Dong, CHENG Yuan-yuan. Application of Smart Contract in Government Procurement Bidding: Path, Problem and Legal Response. journal6, 2022, 21(3): 137-146.