Related cases of stealing electricity by bitcoin
from the point of view of the crime of illegally obtaining computer information system data, bitcoin, as a virtual property, does not belong to other property stipulated in Article 92 of the criminal law, and is not the "property" protected by theft. In my opinion, this conclusion does not pay attention to the value attribute of virtual property, and can not adapt to the development of information network era
first, although Article 92 of the criminal law stipulates the crime of property, it does not specify the existing forms and types of property, let alone the tangible and intangible of property. On the contrary, the provision of "other property" provides space for interpretation of bitcoin, an intangible property
Second, article 265 of the criminal law stipulates that anyone who, for the purpose of making profits, stealthily connects another person's communication lines, copies another person's telecommunication codes or signals, or knowingly uses the stealthily connected or copied telecommunication equipment or facilities shall be convicted and punished for the crime of theft. The Supreme People's court and the Supreme People's Procuratorate clearly take electric power, gas, tap water and other properties as the objects of theft in the interpretation on Several Issues concerning the application of law in handling criminal cases of theft. In this case, the object of protection of larceny is not limited to tangible objects, but can contain intangible objects, even property interests
thirdly, although virtual property is attached to cyberspace, it has certain conversion methods and transaction rules with real property. Therefore, the virtual form does not mean the virtual value. On the contrary, it represents the real property of the obligee. In addition, the protection of legal interest of theft is the ownership of property or the actual possession of property. Because the carrier of bitcoin is data, the obligee can control, possess and dispose of bitcoin according to certain operation mode
fourthly, bitcoin is interpreted as property, not by analogy. The difference between analogical interpretation and extended interpretation lies in whether it goes beyond the possible scope of literal meaning. With the increasing importance of data, virtual property has been widely known and put into the legal system as a new type of property. As a typical representative of virtual property, bitcoin is used as a token, which is far from the game virtual currency. Even if bitcoin is interpreted as property, it does not exceed the possibility of ordinary people's prediction of "property"
bitcoin, as a virtual property, meets the requirements of "property" in criminal law and has the property nature. Therefore, in the case of bitcoin theft, it is more reasonable to regulate it by theft.
if you want to mine, you still need to buy a professional ASIC miner, because the computing power has been rising. Even if you buy a real miner, if the overall performance of the miner can't keep up, it's hard to recover the cost. Mining machinery is an instry with rapid upgrading. In China, it is suggested that you buy Avalon third generation miner.
in the notice of the people's Bank of China
Ministry of instry and information technology
China Banking Regulatory Commission
China Securities Regulatory Commission
China Insurance Regulatory Commission on risk prevention of bitcoin (Yin Fa [2013] No. 289), in addition to clarifying the attributes of bitcoin as a network virtual commodity, the notice mainly specifies the following contents:
first, the, It is clearly required that all financial institutions and Payment institutions at this stage shall not carry out business related to bitcoin, price procts or services with bitcoin, buy or sell bitcoin as central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability
Second, Internet sites that explicitly require bitcoin registration, trading and other services should be filed with the telecommunications regulatory authorities, and earnestly perform the anti money laundering obligations, identify users' identities, and report suspicious transactions
thirdly, relevant departments, financial institutions and Payment institutions are required to correctly use the concept of money in their daily work, pay attention to strengthening the ecation of the public's knowledge of money, and incorporate the concepts of correct understanding of money, correct treatment of virtual goods and virtual money, rational investment, reasonable control of investment risks, and maintenance of their own property security into the content of financial knowledge popularization activities, To guide the public to establish a correct concept of money and investment
extended information:
the notice requires that at this stage, all financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin as a central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability, and shall not directly or indirectly provide customers with other services related to bitcoin
including bitcoin registration, trading, clearing, settlement and other services for customers; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc
according to the notice, bitcoin Internet sites, as the main trading platform of bitcoin, should be put on record in the telecommunications regulatory agency in accordance with the provisions of the Telecommunications Regulations of the people's Republic of China and the measures for the administration of Internet information services
at the same time, in view of bitcoin's high risk of money laundering and being used by criminals, the circular requires relevant institutions to earnestly perform legal anti money laundering obligations such as customer identification and suspicious transaction report in accordance with the requirements of anti money laundering law of the people's Republic of China, so as to effectively guard against bitcoin related money laundering risks
source of reference materials:
five ministries and commissions including the people's Bank of China and the government of China issued the notice on preventing bitcoin risk
five ministries and commissions including the China securities regulatory network and the central bank issued the notice on preventing bitcoin risk
As far as I know, there are probably two ways to obtain bitcoin. One is to use assets such as cash to trade with other bitcoin users. Generally speaking, the value of assets is determined according to the market value of bitcoin. However, the market value of bitcoin fluctuates a lot, and there may be hackers on the trading platform, so there may be some risks in this way
So if you want to get bitcoin by mining, you need a computer with high performance and a lot of manpower to maintain it. All in all, acquiring bitcoin is an investment and needs to be managed reasonably< br />The theft of 14.5 million bitcoins in Jiangxi Province was solved, which caused heated discussion among netizens on the Internet. We all know that the current era is an Internet era, and it is also an era of rapid development. There are many people who want to earn money through illegal means, which is not worth advocating. We also hope that everyone can learn this lesson, suspects will also face very severe punishment
we also hope that this lesson can arouse a wake-up call for everyone. If everyone is like them, they will certainly face the disaster of imprisonment. At the same time, we need to pay attention to the fact that no matter how powerful the hacking technology is, there will still be many hot spots left. After all, it is the body, which cannot be separated from legal sanctions, I also hope that they can learn from this lesson, be a good person in their future life, and never violate the law and discipline. I hope everyone can pay attention to this
(1) the amount of personal theft of public and private property is relatively large, starting from 1000 to 3000 yuan. They shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined
(2) the amount of personal theft of public and private property is "huge", starting from 30000 yuan to 100000 yuan. They shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined
(3) the amount of personal theft of public and private property is particularly huge, starting from 300000 yuan to 500000 yuan. He shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated.
Look at your title. Since it's a government procurement project, you can go to the local government procurement website, which will publish relevant bidding and procurement contents. All provinces and cities have corresponding websites, such as Anhui government procurement website, which contains information about schools, hospitals, government agencies and other projects. However, you need to spend your time to find out, More time-consuming
the above are the ways to query, you can try them all, I personally prefer the second one, which is more convenient and fast, and I am also using it myself. There are a lot of content to query, you can experience it
