Bitcoin fined

1. In China, no competent department has made clear its position on bitcoin, which leads to its crazy and disorderly development in reality. Some websites use bitcoin to engage in illegal activities such as gambling and foreign exchange trading. There are also some websites using bitcoin for illegal fund-raising or fund-raising fraud. On October 26, 2013, the website of GBL bitcoin trading platform registered in Hong Kong was closed, and the relevant operators disappeared. The platform has previously attracted a large number of investors to invest in bitcoin
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

2.

No illegal
in the bitcoin risk notice jointly issued by the people's Bank of China and other five ministries and commissions at the end of 2013, bitcoin is clearly defined as a special Internet commodity, and people can buy and sell it freely at their own risk. But it denies the monetary nature of bitcoin< The Article 143 of the general provisions of the civil law stipulates that "the civil legal act with the following conditions is valid:
(1) the actor has the corresponding capacity for civil conct< (2) the expression of intention is true< (3) it does not violate the mandatory provisions of laws and administrative regulations, public order and good customs. " The announcement of the seven ministries and commissions is neither a law nor an administrative regulation, and can not be used as a legal basis for judging whether a civil juristic act is valid or not; The law does not go back to the past. Therefore, the bitcoin transaction has legal effect, and the bitcoin obtained from the transaction is protected by law. Therefore, legal disputes arising from trading activities, including civil or criminal cases, should be subject to jurisdiction. Courts or public security organs can not refuse to accept bitcoin because they think bitcoin is not protected by law

extended information:

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transaction mode

bitcoin is e-cash similar to e-mail, and both parties need "bitcoin wallet" similar to e-mail and "bitcoin address" similar to e-mail address. Just like sending and receiving e-mail, the remitter pays bitcoin directly to the other party through a computer or smart phone according to the recipient's address. The following table lists some websites that download bitcoin wallets and addresses for free

a bitcoin address is a string of about 33 characters long, consisting of letters and numbers, always starting with 1 or 3, such as & quot& quot; Bitcoin software can generate address automatically, and it does not need to exchange information online when generating address, so it can be offline [2]. More than 2 bitcoin addresses are available. Figuratively speaking, there are about two grains of sand in the world. If there is an earth in each grain of sand, then the total number of bitcoin addresses far exceeds the number of all the sand on all these "earths"

the bitcoin address and private key appear in pairs, and their relationship is just like the bank card number and password. A bitcoin address is like a bank card number, which records how much bitcoin you have on it. You can generate bitcoin address at will to store bitcoin. When each bitcoin address is generated, a corresponding private key of the address will be generated. This private key proves that you have ownership of the bitcoin at that address. We can simply understand the bitcoin address as the bank card number, and the private key of the address as the password of the corresponding bank card number. Only when you know the bank password can you use the money on the bank card number. Therefore, please keep your address and private key when using bitcoin wallet

after the transaction data of bitcoin is packaged into a "data block" or "block", the transaction is initially confirmed. When a block is linked to a previous block, the transaction is further confirmed. After six block confirmations in a row, the transaction was irreversibly confirmed. Bitcoin P2P stores all transaction history in a "blockchain.". The blockchain continues to extend, and once new blocks are added to the blockchain, they will not be removed. Blockchain is actually a distributed database composed of a group of scattered client nodes and all participants, which is a record of all bitcoin transaction history. Nakamoto predicts that when the amount of data increases, users hope that not all the data will be stored in their own nodes. In order to achieve this goal, he uses the hash function mechanism. In this way, the client will be able to automatically eliminate those parts that it will never use, such as some very early bitcoin transactions

3. It's illegal to steal bitcoin. The public security bureau can arrest you. There are also many cases of fraud using bitcoin. In China, the central bank defines bitcoin as a special Internet commodity, which denies its monetary attribute, but people can buy and sell it freely at their own risk. Zhou Xiaochuan, the governor of the central bank, said that bitcoin is a tradable asset, just like stamps. Now, do you think it's illegal to steal bitcoin?

4. According to Article 92 of the criminal law of our country, the property privately owned by citizens as mentioned in this Law refers to the following properties: (1) citizens' lawful income, savings, houses and other means of living 2 Means of proction owned by indivials and families according to law 3 Legal property of self-employed and private enterprises 4 Shares, stocks, bonds and other property owned by indivials according to law
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.

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.

meinian health examination is reliable meinian grand health provides health examination, health management, health consultation and other services, and has outstanding influence in the medical and grand health sector. It has won "China's best corporate citizen, best social feedback Award", "2018 corporate social responsibility Contribution Award" and other honors

There are three differences between meinian physical examination and hospital physical examination:

1. Medical examination population is different

1. Hospital: a place where patients gather. It is mainly responsible for the examination and diagnosis and treatment of patients and people suspected of having diseases. When they go to the hospital for physical examination, it is difficult to share the examination instruments and equipment with patients, It is inevitable that there will be a potential threat of cross infection e to disease aggregation

2. Meinian: as a health examination institution, the physical examination crowd is mainly healthy / sub-health, compared with the hospital, the health examination equipment is almost not shared with the patients, and the iatrogenic infection is eliminated

Second, the environment and atmosphere are different.

1. Hospitals are built for patients and patients. They are divided according to outpatient service, department and function. During physical examination, they have to go upstairs and downstairs, or even run from one building to another. Nurses are very busy and have no time to guide them. It is too time-consuming for a physical examination

2. Meinian: it is built for the convenience of physical examination customers. It scientifically divides the physical examination areas, implements the separate examination of men and women, implements the efficient one-stop service process, and the design of humanized corridor ensures the smooth passage, and each department and passage has the guidance and diversion of inspection nurses, which greatly saves time and facilitates the physical examination of customers

3. Different service experience

1. Hospital: when you go to the hospital for physical examination, you smell the smell of disinfectant and look at the patients and family members who come and go. Even if you don't get sick, you will feel depressed for a few days when you see the injured people

2. Meinian: it's not because of illness, but to prevent it, nip it in the bud and save the cost of treatment

without comparison, there is no harm. It costs 2000 + to go to the hospital just to have a gastros. However, meinian health has launched a variety of packages with high cost performance, which are definitely the first choice for elderly uncles and aunts

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8.

In the past 24 hours, more than 110000 people in bitcoin have burst their positions, and 5.8 billion funds have been swallowed. In fact, I think the team is cutting leeks. In fact, the decline of bitcoin can be met in advance, and nothing can prosper all the time, So for most people, they still need to maintain a rational attitude to buy some funds or stocks and bonds. If it becomes a state of large-scale loss, then their money will be tied up, which is certainly not very good for them. Our attitude towards bitcoin is that it will not decline, it will only rise, So most people may not consider this situation and put all their money into it, but in such a situation, if the institutions withdraw their funds, they will inevitably face a lot of capital losses of retail investors

however, in the face of such a situation, we must understand that not all such things can have an answer, such as this kind of irregular things. As an ordinary investor, if we want to buy opportunistically, we may have to bear a greater risk, but in the face of the relative institutional investment, They may take less risk, because the risk they need to take is actually created by them. For most institutions, if they want to go up in the last stock, the probability of the stock's rise may be much greater than the probability of its decline. As for bitcoin, more than 110000 people burst their positions in the past 24 hours and 5.8 billion funds were swallowed, losing money in succession, in fact, I think the team is cutting leeks

9. Find an axe and chop with an axe

10. ETF is the abbreviation of exchange traded funds. Its Chinese name is "exchange traded fund". It is a kind of open-end fund which is listed and traded on the exchange and has variable fund shares. ETF is a special type of index fund, which mainly includes stock ETF, Bond ETF, commodity ETF, currency ETF and so on. Bitcoin ETF, like bitcoin futures, is also a financial investment proct. Compared with direct investment in bitcoin futures, bitcoin ETF can not bring more benefits to investors, but bitcoin ETF can provide investors with a more secure and convenient way of trading, which can attract more investors and funds. However, the approval conditions of ETF are stricter than futures. In 2017, the securities and Exchange Commission (SEC) repeatedly rejected the listing applications of bitcoin ETF from several institutions.