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Is it illegal to make bitcoin

Publish: 2021-05-06 23:18:18
1.


although bitcoin still has great risks, after years of development, with the increase of its application population, application scenarios and application technology, no country or organization can completely eliminate it. If you can figure it out, it is likely that countries will generally accept bitcoin and embrace it

according to my personal judgment, bitcoin, after a period of continuous development, is likely to become a world currency in the future, which can play the role of electronic gold and become the target of the value of other sovereign currencies. From this perspective, bitcoin can be used as a means of asset preservation in the future when inflation is inevitable

2.

It's not against the law to do bitcoin business, but don't use bitcoin to do illegal things

the following is the bitcoin risk notice issued by the central bank and other five ministries and commissions (bitcoin home has the full text):

the notice defines the nature of bitcoin, and holds that bitcoin is not issued by the monetary authority, has no monetary attributes such as legal compensation and mandatory, and is not a real currency. In terms of nature, bitcoin is a specific virtual commodity, which does not have the same legal status as currency and cannot and should not be used as currency in the market. However, bitcoin trading as a commodity trading behavior on the Internet, ordinary people have the freedom to participate at their own risk

3.

It's not against the law to do bitcoin business, but don't use bitcoin to do illegal things

in China, the regulations on the administration of RMB prohibit the proction and sale of token tickets. Because there is no clear judicial interpretation of the definition of token ticket, if bitcoin is included in the "token ticket", the legal prospect of bitcoin in China will face uncertainty

the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency of online games (Wen Shi Fa [2009] No. 20) on June 4, 2009 stated that the application scope of virtual currency of online games was defined for the first time, and the distinction between the current virtual currency of online games and the virtual props in the game was made; At the same time, the notice said that the "notice" stipulates that enterprises engaged in related services must be approved before they can operate

in China, some Taobao stores also began to accept the use of bitcoin, and the number of businesses will graally increase

in October 2013, the first bitcoin quarterly, one bit, was released

on October 15, 2013, the network accelerator service of the network announced its support for bitcoin

on October 26, 2013, btcmini reported that GBL was hacked

on October 31, 2013, Lei Teng, a famous Internet lawyer, proposed the event of "filing a case to investigate the closure of GBL bitcoin trading platform as soon as possible", analyzed the "value function" and "use function" of bitcoin, and bitcoin should be governed by relevant laws

on December 5, 2013, notice of the Ministry of instry and information technology of the people's Bank of China, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission on preventing bitcoin risk: bitcoin is a specific virtual commodity

as a commodity trading behavior on the Internet, ordinary people have the freedom to participate in bitcoin trading at their own risk

on September 4, 2017, announcement of the people's Bank of China Central Network Information Office, Ministry of instry and information technology, State Administration for Instry and commerce, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission on preventing the risk of token issuance financing: it is prohibited to engage in token issuance financing activities (ICO)

the trading platform shall not engage in the exchange business between legal tender and token, or virtual currency, or buy or sell token or virtual currency as a central counter party, or provide pricing, information intermediary and other services for token or virtual currency

on November 2, 2018, the people's Bank of China released the 12th topic of China financial stability report 2018, which talked about "encrypted assets"

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extended information:

currency transaction

purchase method

< P > users can buy bitcoin, and at the same time, they can use computers to "mine" bitcoin according to algorithms. When users "mine" bitcoin, they need to search for 64 bit numbers by computer

and then, by repeatedly solving mysteries, compete with other gold miners to provide the required numbers for the bitcoin network. If the user's computer successfully creates a set of numbers, it will get 25 bitcoins

e to the decentralized programming of bitcoin system, only 25 bitcoins can be obtained every 10 minutes, and by 2140, the upper limit of bitcoins in circulation will reach 21 million. In other words, bitcoin system is able to achieve self-sufficiency, resist inflation through coding, and prevent others from destroying these codes

source of reference: network bitcoin

4.

As of July 24, 2020, the state has not issued any laws to prove that bitcoin mining machine is illegal

bitcoin mining machine is one of the ways to obtain bitcoin. Bitcoin is a kind of network virtual currency proced by open source P2P software

it doesn't rely on the issuance of specific monetary institutions, and it is generated through a large number of calculations of specific algorithms. Bitcoin economy uses a distributed database composed of many nodes in the whole P2P network to confirm and record all transactions. The decentralized nature and algorithm of P2P can ensure that it is impossible to artificially manipulate the value of bitcoin through mass proction

extended data

the issue and transaction of bitcoin are realized by mining, and it is cast at a certain but slowing rate. Each new block is accompanied by a certain number of new bitcoin from scratch, which is used as a coinbase transaction to reward the miners who find the block

the reward for each block is not fixed. For every 210000 blocks mined, it takes about four years, and the currency issuance rate is reced by 50%. In the first four years of bitcoin's operation, each block created 50 new bitcoins. Each block creates 12.5 new bitcoins. In addition to the block award, the miner will receive a handling fee for all transactions within the block<

source: Internet - bitcoin mining machine

5.

It's not against the law

The laws and administrative regulations in China do not prohibit the proction, holding and legal circulation of bitcoin, nor do they prohibit the sale of bitcoin mining machines

2. The investment and transaction of "virtual currency" represented by bitcoin are on the rise. For this kind of virtual goods generated in the Internet environment after the development of Internet technology, there are policy and commercial risks in related transactions. However, under the premise of not violating the mandatory provisions of laws and administrative regulations, the contract signed by the parties is a valid contract

3. Bitcoin is generated by "miner" and "mining", and "miner" can be assumed by anyone in any place in the world. "Mining" is a process in which "miner" provides certain computer computing power according to the open source software provided by the designer, and obtains the special solution of the equation through complex mathematical operations, The miner who gets the special solution gets a certain amount of bitcoin reward

Because bitcoin is based on workload proof, it is related to computing power. To have computing power, we need to consume power, so its power consumption is very large. It is precisely because of such a large power consumption that the safe and stable operation of bitcoin system can be guaranteed

extended information:

according to the data of btc.com website, up to now, the computing power of the whole bitcoin network is about 51.65 eh / s, which is equivalent to 1.84 million bitcoin S15 (28T computing power, 1596w power) mining machines in operation, and the daily power consumption is about 69.92 million kwh. Divided by the current proction of 1800 bitcoins per day, excluding other costs, each bitcoin will consume 38800 kwh of electricity. "

from this point of view, although the current price of bitcoin is expensive, the cryptocurrency market website coinmarketcap.com shows that the current unit price is about $7900, but the cost of mining a bitcoin is not low at all

6. Whether bitcoin is legal or not depends on the attitude of monetary authorities
the further development of bitcoin may threaten the interests of traditional currencies, and currency issuers will not cede their rights to an open-source P2P algorithm. So governments are likely to outlaw bitcoin
once governments declare it illegal, it may cause huge fluctuations in its price in the short term. It could be a crash, it could be a surge. Because people at the bottom of the world are obviously resistant to their governments< At the same time, the ban by the government will lead to the closure of bitcoin trading platform. After the closing of the trading platform, bitcoin can only be cashed in private, which will have a great impact on its cashing ability< However, e to the characteristics of bitcoin itself, it provides an excellent channel for officials of various countries to accept bribes, launder money and transfer assets overseas. Especially in the trend that officials of various countries disclose their property, bitcoin provides a good way for them to hold huge property anonymously
from this perspective, some officials may actively promote the legalization of bitcoin< On May 7, 2013, officials from the US Commodity Futures Trading Commission (CFTC) said that they were considering whether the online virtual currency "bitcoin" could be applied to the agency's regulations. CFTC is the highest regulator of the derivatives instry in the United States. Bitcoin is known as a currency independent of traditional authority, and if it is regulated more, it may bring challenges to its supporters
CFTC mainly supervises derivatives contracts. Its responsibilities have been greatly expanded after the financial crisis in 2007-2009, and it also has full power to supervise retail foreign exchange dealers
Bart Chilton, one of the five members of the CFTC, said on Monday that he had asked the committee to consider regulating bitcoin to determine whether consumers need additional protection when using bitcoin[ 15]
the Hong Kong government has approved GBL electronic currency trading center to operate virtual currency exchange business, which will be an important milestone in the development of bitcoin. GBL virtual electronic currency trading center has completed the equity change and has the business scope of virtual electronic currency exchange business.
7.

Bitcoin is illegal in China

since September 4, 2017, China has expressed its opposition to the virtual currency exchange. On the market, large-scale exchanges are graally fading out of the domestic market. Some of them are going to Japan and some of them are going to Nanyang. Of course, with the release of new regulations in Hong Kong in early November, we believe that in the future, the virtual currency exchange may obtain a legal license in Hong Kong to serve local institutional investors



extended information:

bitcoin China said that the platform will stop withdrawing cash. So far, bitcoin China has closed all transaction functions. The other two bitcoin trading platforms in China, huocoin.com and okcoin, have also stopped trading all digital assets against RMB

the virtual currency represented by bitcoin has soared, attracting a large number of ordinary people without any technology and investment knowledge to enter this high-risk market

the central bank, together with many ministries and commissions, issued the announcement on preventing the financing risks of token issuance (hereinafter referred to as the announcement), which pointed out that no organization or indivial may engage in the financing activities of token issuance illegally According to the announcement, all kinds of token issuance and financing activities should be stopped immediately from the date of issue

the organizations and indivials that have completed the token issuance financing should make arrangements such as liquidation, reasonably protect the rights and interests of investors, and properly handle the risks. Relevant departments will seriously investigate and deal with the activities of token issuance and financing that refuse to stop and the illegal behaviors in completed token issuance and financing projects

the China Internet Finance Association issued the "tips on preventing the risks of bitcoin and other so-called" virtual currency ", pointing out that bitcoin trading platform is a tool for money laundering, drug trafficking, smuggling, illegal fund-raising and other illegal criminal activities e to the expanding number of stakeholders and strong speculative atmosphere; There is no legal basis for the establishment of various so-called "currency" trading platforms in China

8. There must be fraud in digital currency investment. It's better to find formal institutions to invest, and don't trust high returns.
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