Network virtual property bitcoin

1. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.

2. On September 4, 2017, seven ministries and commissions of the state issued the notice on preventing the financing risk of token issuance, which regulates the activities of token issuance. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and does not have the same legal status as currency, It cannot and should not be used as currency in the market< However, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens
the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system
the crime of destroying the computer information system stipulated in Article 286 of the criminal law of the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it as a data or system function in a computer system. The author thinks that there is some irrationality in this way
first of all, in the notice on preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such as legal compensation and compulsion
bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored
secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail
although only the protection of network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the future
finally, from the relevant cases, we can also see the recognition of the property attributes of virtual currencies such as bitcoin in China's judicial practice.

3. Virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"

virtual property refers to the narrow sense of digital and non materialized property forms, including a series of information procts such as online games, e-mail, network paging, etc. Including the character image formed in the long-term virtual life, which can not be converted to the virtual property in real life and the narrow sense of digital and non materialized property form, it includes a series of information procts such as online games, e-mail, network paging, etc. However, e to the prevalence of online games, virtual property to a large extent refers to the property existing in the online game space, including the level of game account, game currency, various equipment owned by game characters, etc. these virtual property can be converted into real property under certain conditions.

4. Because bitcoin is legal in China, the central bank defines it as a special Internet commodity. Zhou Xiaochuan, the governor of the central bank, believes that bitcoin, like stamps, is a tradable asset. Bitcoin home has a full text interpretation. If the dispute caused by the station closing does not involve fraud or cannot be proved to be fraud, it can be solved through negotiation, and the victim's fund can be returned and the corresponding compensation can be made. If there is evidence to show that this is indeed fraud, the consequences will be serious. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or be sentenced to confiscation of property More than 500000 is a huge amount.

5. Whoever swindles public or private property, if the amount is relatively large, 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; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, 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.

6. Housing mortgage purchase proceres:
1. The commercial housing purchased by the buyer must be the commercial housing of the real estate development company which has signed a mortgage agreement with the bank
2. Sign the house purchase contract with the real estate development enterprise, and pay the down payment according to 20% of the total house purchase price
3. Submit an application for housing mortgage loan to the bank and relevant information
4. The bank shall investigate the borrowers and the information provided, and inform the borrowers to go through the loan proceres if they meet the conditions
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6. The borrower will mortgage the purchased commercial housing to the bank, the real estate enterprise will register with relevant departments for mortgage, and submit the "other property ownership certificate" to the bank for safekeeping.

7.

Through the deep use of cryptography algorithm, specially designed data structure and multi-party consensus algorithm, blockchain uses machine algorithm to solve the consistency, reliable storage and anti tampering problems of multi-party transaction records, which has a natural strong correlation with electronic data storage

first of all, the electronic contract signing records are stored in the shared account book jointly maintained by multiple parties, which can not be tampered with, denied, and of course will not be lost

secondly, electronic contract text and electronic contract elements are encrypted, including electronic contract participants. Only participants can decrypt and view the data to protect the privacy of the parties

thirdly, the machine strictly implements the pre-defined rules (smart contract), and no longer only relies on a single agreement with a third party. KYC service based on blockchain automatically checks and verifies the validity and identity of certificates, and ensures the authenticity of participants' identities on the basis of privacy

at present, the electronic contract signed on the advanced electronic contract platform has realized the distributed storage of digital fingerprints of electronic documents through the blockchain technology, which further strengthens the legal effect of the platform electronic contract

8.

In terms of currency attribute, bitcoin is considered as worthless currency in reality because it is a kind of virtual currency and has no issuer. Nowadays, many countries are restricting its circulation, so there are still many people who do not understand it. But it does have the property of money

first of all, the essence of money is a commodity formed in the process of long-term exchange, which is fixed as a general equivalent. That is to say, without all the modifiers, money itself is a commodity for exchange. Bitcoin can also be used for exchange. It can also be used as a medium of exchange, as a commodity of exchange. It can also make online payment directly initiated by Party B and paid to the other party without any financial institutions

Secondly, bitcoin was born in the period of financial crisis. It is a decentralized digital currency composed of a series of complex computer-generated codes. It does not depend on any organization or country, nor does it have an issuer. It is completely composed of P2P network, cryptography, consensus algorithm and other blockchain systems with existing technologies, and it emphasizes that anyone can mine, share and share information Buy, sell or receive bitcoin. This is the feature of bitcoin as a commodity for exchange

the reason why many countries do not recognize bitcoin as a currency in circulation is that it has too much imagination and is not easy to control as a national level. Although it is very convenient, it is very abstract, so it is rejected by many countries

9. Of course, virtual property includes digital currency, which is also a kind of virtual property. All laws on virtual property apply to digital currency
some time ago, the state has begun to legislate on digital currency, including QQ currency, bitcoin, Ruitai currency and other virtual properties.