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Is it illegal to make bitcoin underground

Publish: 2021-05-13 17:44:09
1. To be an intentional criminal of bitcoin, we need to make use of bitcoin to do non-material things. The central bank and other five ministries and commissions issue bitcoin risk notice (full text of bitcoin experts in China): the notice clearly defines the nature of bitcoin, recognizes that bitcoin is issued by the monetary Bureau, has monetary attributes such as compensatory and mandatory, and has real significance. From the perspective of monetary nature, the specific virtual goods of bitcoin have the same legal potential as money and should be used for currency market circulation Bitcoin trading is a kind of Internet Chinese commodity trading bank. Ordinary people are free to participate at their own risk. The notice requires payment institutions of financial institutions to buy and sell bitcoin procts or services at a fixed price, or buy and sell bitcoin as a central bank. Bitcoin underwrites insurance business related to bitcoin, or bitcoin is included in the scope of insurance liability. Direct or indirect customers provide bitcoin related services, including: customers Users provide bitcoin registration, trading, clearing, settlement and other services; Accept bitcoin or bitcoin as payment and settlement tool; Bitcoin and foreign currency exchange services; Bitcoin storage, custody, mortgage and other business; Issue financial procts related to bitcoin; Bitcoin as a trust Fund and other investment targets are stipulated in the notice as the main trading platform of bitcoin. Bitcoin Internet China station shall, in accordance with the regulations of the Chinese Communist Party of China on telecommunications and the provisions of the Internet China Information Service Management Office, file with the telecommunications management agency. The notice requires the relevant agencies to fulfill the requirements of the Chinese Communist Party on anti money laundering The "notice" requires financial institutions and Payment institutions to make sure that they use the concept of currency in their work, and pay attention to strengthening the public's monetary knowledge ecation, recognizing and treating the virtual currency of virtual commodities Rational investment, reasonable control of investment risk, maintaining the safety of their own property and other concepts are included in the content of financial knowledge popularization to guide the public to establish a correct monetary investment concept
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. It's not against the law<
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
7. There must be fraud in digital currency investment. It's better to find formal institutions to invest, and don't trust high returns.
8. If it's a legal purchase of bitcoin, of course, it's OK. If it's an illegal transaction, it's hard to say
9. It's not illegal at the moment
bitcoin is not illegal in China. It can be bought and sold in the case of risk, but you know the national conditions
- it's no different from blocking.
10.

absolutely impossible

you can imagine this picture: payday is coming, your cold wallet has received 0.05 bitcoin, according to the bitcoin 60000 US dollars, you have earned 3000 US dollars this month, a total of 20100 RMB! You are very happy, just as you are going to have a big meal to reward yourself, bitcoin suddenly plummeted from $60000 to $50000, and it is still falling!! Your 0.05 bitcoin is still so much, but your income instantly reced to 16250, nearly 4000 yuan evaporated, not only that, but also the amount continued to decline with the naked eye!! At this time, I'm afraid no one would like to invite you to a big meal. Instead, I nervously took out my mobile phone and quickly sold bitcoin! When the transaction is completed and RMB 16000 is paid to your account, you will finally relax...

so why is bitcoin easy to store money and transfer assets? This is determined by its design principle. Professional knowledge is too complex. In short, bitcoin is a code city that can't be broken by hackers. All users involved in bitcoin trading in this city can't trace their real information through any technical means. Therefore, bitcoin has become a pure land of assets that governments can't control. In this city, your private property will always be yours, No one wants to take it away. If you forget your password, it will be miserable, because you don't want to take back your own bitcoin. It will be stored in this city forever. Therefore, the extreme security and secrecy of bitcoin make it easy for private property to completely get rid of the control of sovereign states, so it is reasonable for governments to study regulatory methods, because bitcoin is the most powerful in history, which can fight against the country's enemies economically

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