Bitcoin administrative penalty
at present, the disorder of bitcoin trading in China needs to be cleaned up and rectified. This kind of clean-up and rectification has sufficient legal basis
1. The "transaction" and "circulation use" of bitcoin violate the law of the people's Bank of China of the people's Republic of China. Article 16 of the law clearly stipulates that "the legal currency of the people's Republic of China is RMB", and the institution that "issues RMB and manages the circulation of RMB" is unique, that is, the people's Bank of China; Article 20 stipulates that "no unit or indivial may print or sell token tickets to replace RMB in circulation on the market.". In fact, bitcoin has the function of "token", and the network platforms and merchants that conct bitcoin transactions have violated the provisions of the law, which should be investigated and dealt with in accordance with the law
2. Bitcoin's "trading" and "circulation and use" violate the foreign exchange regulations. Article 3 of the regulations clearly defines that "foreign exchange refers to the following payment means and assets expressed in foreign currency that can be used for international settlement, including foreign currency payment vouchers or payment instruments, including bills, bank deposit certificates, bank cards, etc.". Article 8 clearly stipulates that "the circulation of foreign currency is prohibited within the territory of the people's Republic of China, and foreign currency shall not be used for valuation and settlement.". Article 45 clearly stipulates: "those who buy or sell foreign exchange without permission, in disguised form, buy or resell foreign exchange, or illegally introce foreign exchange to buy or sell a large amount of foreign exchange shall be given a warning by the foreign exchange administration, their illegal income shall be confiscated, and a fine of less than 30% of the illegal amount shall be imposed; If the circumstances are serious, a fine of not less than 30% of the illegal amount shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. ". Bitcoin, as an international means of payment recognized by many countries, should be subject to the regulation. Websites and businesses engaged in bitcoin trading and use should be investigated and dealt with in accordance with the regulation< Third, bitcoin does not belong to the "virtual currency" defined in Chinese laws and regulations. Many bitcoin trading platforms claim to operate legally according to the relevant laws and regulations of China's "virtual currency", which is wrong. In 2009, the Ministry of culture and the Ministry of Commerce issued the notice on strengthening the management of virtual currency of online games, which clearly defined: "the virtual currency of online games mentioned in this Notice refers to the virtual currency of online games issued by online game operation enterprises, which is directly or indirectly purchased by game users using legal tender in a certain proportion, and exists outside the game program, It is a virtual exchange tool that is stored in the server provided by online game operators in the form of electromagnetic records and expressed in specific digital units. " The "notice" also makes it clear that "the use scope of online game virtual currency is limited to the virtual services provided by the issuing enterprise itself, and shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises". Bitcoin is not issued by game enterprises, and it can be exchanged for physical and currency. It can be seen that bitcoin is completely different from this kind of "virtual currency" and does not belong to the "virtual currency" stipulated by law. Even if it is engaged in the trading service platform business of "virtual currency", it is necessary to apply to the cultural authorities for the establishment of an operating Internet cultural unit for administrative license in accordance with the provisions. In the application report, it is necessary to specify the service (platform) mode, user purchase method (including cash, bank card, online payment and other purchase methods), user rights and interests protection measures, user's rights and interests protection measures Binding of user account and real name bank account, technical security measures, etc
so far, no bitcoin trading platform has obtained and is unlikely to obtain such administrative license
4. Bitcoin trading platform violates the telecommunication management regulations such as the telecommunication management regulations and the measures for the administration of Internet information services, which constitutes "illegal business operation"
Article 7 of the regulations on the administration of telecommunications clearly stipulates that "the State implements a licensing system for the operation of telecommunications business according to the classification of telecommunications business. In order to operate telecommunication business, a telecommunication business license issued by the competent department of information instry under the State Council or the telecommunication administrative agency of a province, autonomous region or municipality directly under the central government must be obtained in accordance with the provisions of these regulations. No organization or indivial may engage in telecommunications business without a telecommunications business license. " Internet information service is one of the value-added telecommunication services restricted by the law Article 4 of the measures for the administration of Internet information services stipulates that "the State shall implement a licensing system for operating Internet information services; The non operating Internet information service shall be put on record. Those who have not obtained permission or have not gone through the filing proceres shall not engage in Internet information services. " Bitcoin trading platform collects "transaction fees" or "withdrawal fees" or engages in "related advertising business", which belongs to "operating" Internet information service business
bitcoin trading platform has neither obtained nor is it possible to obtain "operating license for operating Internet information service business", and some websites have not even put it on record. This behavior constitutes "illegal business operation" according to law, and should be investigated and dealt with according to law< 5. Those who use bitcoin to engage in gambling, money laundering, bribery, fund-raising fraud and other illegal acts shall be punished in accordance with the relevant provisions of the criminal law of the people's Republic of China. Bitcoin's "value function" and "use function" make it become the "object element" of criminal behavior, and the criminal behavior related to bitcoin should not be placed outside the legal jurisdiction
no one can say for sure what the future of bitcoin will be. However, under the current financial management system of "foreign exchange can not be freely circulated and exchanged" in China, with the high incidence of corruption and economic crimes, it is impossible to seek the legitimacy of bitcoin trading platform, and it is sooner or later to clean up and rectify bitcoin trading platform. However, the sooner things come, the better. If they are delayed, more bitcoin trading platforms will collapse, more "investors" will lose all their money, and a large number of cases of "illegal business operation crime", "illegal fund-raising crime" and "fund-raising fraud" will be investigated to quell public indignation
if the relevant authorities think these bitcoin trading platforms are legal, they should also make a clear statement to give the operators of the relevant platforms a "talisman" to avoid "settling accounts in the future"
quoted from lawyer leiteng's blog
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4. Protect the property rights and interests of the public, protect the legal tender status of RMB, prevent the risk of money laundering and maintain financial stability
5. Avoid excessive speculation in the name of "virtual currency" for virtual commodities such as bitcoin, which will damage the public interest and the legal tender status of RMB.
Zone K chain, virtual currency, what should we pay attention to? It has to be said that k-chain fraud is now a common means used by many swindlers. If they are not careful, they will be cut
First, as a victim, I really warn you not to be lured by temporary interests, or you will lose more than you gain, let alone take chances first of all, the k-chain means of those swindlers are described in detail here. These swindlers apply for a fake company or shell company through the white paper, but in fact there is no such enterprise at all. Then they find someone to develop an app, and then bind the accounting information and other important information related to money to foreign servers, This is to be able to close without a trace and when the app goes online, it will go through a variety of: Commission tasks, how much to charge back, how much to get back from new users, and so on. When you feel reliable and reliable, and then use more money to invest, you can't go back be careful< be sure to resist money of unknown origin 
to sum up! I hope you can have a clear eye when facing the temptation of the unknown
BCH
eth
BNB
BTT is a noteworthy one. As the largest DAPP in the coin circle, BitTorrent has more than 1 billion users in total, and it is all over the world
in the second half of the year, BT will launch three functions embedded in BTT application scenarios. One is BT speed, which can use BTT to speed up the download. The second is BT live, which uses BTT as an incentive live app. The third is btfs system test network. Btfs is a decentralized file storage system benchmarked with IPFs, which also represents a big application scenario of future blockchain. Although IPFs is more famous, it is still unknown whether it can make fil after all, and fil lacks a user base of the same scale as BTT, so I think it is reasonable for BTT to enter the top 20 market value at the beginning of next year.
at present, there is only "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 the prevention of bitcoin risk" in China, which defines the risk situation of bitcoin, and there is no penalty problem.
On July 27, the Guangzhou Internet Finance Association issued the notice on removing planned financial procts from shelves and cracking down on debt evasion. The notice mentioned that the recent frequent occurrence of liquidity risk and project overe events in the online lending instry has seriously damaged the legitimate rights and interests of lenders and affected the steady development of the instry. In order to strengthen the legal and compliance management of online lending business and rece project liquidity risk, the association requires online lending institutions to remove the planned financial procts with the mode of "lock-in period + automatic transfer of creditor's rights"
the block chain vaccine is on fire, and the three price limits of Yi Lianzhong stock attract regulatory attention.
recently, Yi Lianzhong announced that it has cooperated with ant financial services through the block chain technology to facilitate vaccine traceability. Since then, the stock price has risen for three consecutive times, attracting regulatory attention. Yi Lianzhong believes that vaccine Traceability Technology is based on the characteristics of blockchain data that can not be tampered with and can be traced back to ensure the authenticity and effectiveness of vaccine information from proction, quality inspection, storage, delivery, circulation, vaccination and other aspects, so as to make the data traceable, increase the cost of data fraud, and make the use of vaccine safer
the application for bitcoin ETF with high hopes was rejected again, bitcoin fell below US $8000
the application for bitcoin ETF of Winklevoss brothers was rejected again yesterday, and the SEC of the US Securities Regulatory Commission is still concerned about market manipulation. This means that the launch of the first bitcoin ETF proct has been delayed again. Stimulated by the news, bitcoin fell more than $200 to less than $8000; Other mainstream digital currencies also fell to varying degrees. In the expectation of ETF proct review, bitcoin recently rose back to a two month high
the central bank's strict supervision has pushed down the ceiling. This year, the number of payment tickets has exceeded 55
the strong supervision situation of the third-party payment instry is still continuing. According to incomplete statistics of Beijing business daily, since 2018, the central bank has issued more than 55 public punishment lists for payment institutions. Since July, Payment institutions have been fined nearly 2.3 million yuan. On July 25, the people's Bank of Jinan announced two announcements of administrative penalty information. Among them, Yitong financial services payment Co., Ltd. (hereinafter referred to as "Yitong financial services") was fined more than 1.89 million yuan by the people's Bank of Jinan for violating the payment and settlement business regulations
On July 12, 2018, the case of bitcoin bifurcations causing investors to sue the trading platform was held in Beijing. Since November 2016, Mr. Feng, the plaintiff of this case, has purchased 38.748 bitcoins in okcoin. In December 2017, when Mr. Feng made cash withdrawal of bitcoin according to the receiving notice, he found that the "receive" button on the website disappeared and failed to communicate with okcoin bank for many times. Beijing lekuda Network Technology Co., Ltd., the owner of Mr. Feng's Bank, sued Beijing Haidian District People's court. The integrity of bitcoin trading platform exposed in this case has also aroused concern On July 26, Jiawei issued an announcement on the reply to the inquiry letter of Shenzhen Stock Exchange. The announcement said that in early June 2018, Alashankou haoxuan Equity Investment Co., Ltd. found a lender Shanghai Xinxi communication equipment Co., Ltd. e to short-term liquidity shortage, At the same time, the lender asked haoxuan investment to help the third party Xinjiang Tianfu Lanyu Photoelectric Technology Co., Ltd. hold the equity of "investment home". However, it is clearly stated that haoxuan investment is only held on behalf of investors, and does not participate in the operation and management of any investment house, enjoy any shareholders' rights and interests, and bear no shareholders' responsibilitiesfrom phoenix.com
How to handle the ICP business license? First of all, it depends on whether the enterprise meets the application conditions. There are detailed processing requirements on the government affairs service platform of the Ministry of instry and information technology. The official explanation is as follows: those who apply for basic telecommunications business shall meet the conditions specified in Article 5 of the measures for the administration of telecommunications business license (Decree No. 42 of the Ministry of instry and information technology); The application for value-added telecommunication business shall meet the requirements specified in Article 6 of the measures for the administration of telecommunication business license
The specific contents are as follows: Article 5 an application for the operation of basic telecommunications business shall meet the following conditions: (1) the operator is a company established in accordance with the law specialized in basic telecommunications business, and the state-owned equity or shares of the company shall not be less than 51% 2 Have business development research report and networking technology scheme 3 Having funds and professionals suitable for business activities 4 Having sites, facilities and corresponding resources for business activities 5 Having the reputation or ability to provide long-term service for users 6 The minimum registered capital of a company operating within a province, autonomous region or municipality directly under the central government shall be 100 million yuan; The minimum amount of registered capital for enterprises operating in the whole country or across provinces, autonomous regions or municipalities directly under the central government shall be 1 billion yuan 7 The company and its major investors and management personnel are not included in the list of dishonesty in telecom business operation 8 Other conditions stipulated by the state Article 6 an application for value-added telecommunications business shall meet the following conditions: (1) the operator is a company established according to law 2 Having funds and professionals suitable for business activities 3 Having the reputation or ability to provide long-term service for users 4 The minimum registered capital of a company operating within a province, autonomous region or municipality directly under the central government shall be 1 million yuan; The minimum amount of registered capital shall be 10 million yuan if it operates in the whole country or across provinces, autonomous regions or municipalities directly under the central government 5 Having necessary sites, facilities and technical schemes 6 The company and its major investors and management personnel are not included in the list of dishonesty in telecom business operation 7 Other conditions stipulated by the state
the application materials of ICP business license are as follows:
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4. Network and information security measures5
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Other materials required by the competent department of telecommunicationsthe ICP business license shall be handled by the local provincial Bureau of communication administration, and the materials for each province are slightly different. In the process of handling, you can consult the Ministry of instry, information technology and information technology, or contact Zhuohao technology editor to solve the problem
the cost of applying for an ICP license varies according to the place where the enterprise is registered. In most regions, it only costs about 5000 yuan to apply for an ICP license. However, the cost of applying for an ICP license in Shanghai, Guangzhou and Shenzhen is relatively high, ranging from 15000 to 20000. the specific reason is that Shanghai, Guangzhou, Shenzhen and other places need only 5000 yuan to apply for an ICP license Shenzhen and other places have higher requirements for operators applying for ICP license, so they need to do website information security evaluation and system evaluation
no matter where you are, the conditions for applying for ICP license are the same, which all need to be met by the enterprise:
1. The company is established according to law
2. The registered capital of the company is not less than 1 million yuan
3. The social security certificate of three people can be obtained in the near future