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What law does blockchain belong to

Publish: 2021-05-02 02:20:40
1.

blockchain itself is not illegal, but if it is used illegally, it is illegal

Li Bin, deputy director of Chongqing big data application and development administration, said that as a disruptive innovative frontier technology in the field of big data intelligence, the Chongqing municipal government attaches great importance to active layout, and the municipal government and Yuzhong District Government jointly build a blockchain base. In the second half of last year, the government issued the opinions on accelerating the cultivation and innovative application of blockchain instry, It has officially launched the construction of a place for strategic innovation of blockchain

while actively encouraging the technological progress and instrial development of blockchain, we will resolutely prohibit the illegal use of blockchain technology in accordance with the requirements of relevant national policies

at present, China's blockchain technology and application continue to innovate, and are graally applied in supply chain finance, credit reference, proct traceability and other fields, with huge development space. As a new technology, if blockchain wants to realize large-scale practical application, it must strengthen the cooperation of instry, University, research and application, and promote the continuous development and maturity of technology and application

since 2017, the development of blockchain technology has aroused the deep concern of the government, enterprises and other sectors. Because of its decentralized, tamperable and traceable characteristics, blockchain attracts investors to add weight to this new technology field. For the previous hot speculation of blockchain technology, the cognition of it and investment circles has become increasingly rational

extended data

"Regulations on the management of blockchain information services (Draft)"

Article 9 blockchain information service providers and users shall not use blockchain information services to engage in activities that are prohibited by laws and regulations, such as endangering national security, disrupting social order, and infringing the legitimate rights and interests of others, and shall not use blockchain information services to proce and use blockchain information services Copy, publish and disseminate information prohibited by laws and regulations

Article 13 a blockchain information service provider shall, as the case may be, take such measures as warning, limiting functions, closing account numbers, etc. for users of blockchain information services who violate laws, regulations and service agreements, so as to timely eliminate illegal information, prevent information diffusion, keep relevant records, and report to relevant competent authorities

Article 18 If a blockchain information service provider, in violation of the provisions of Article 9 of these Provisions, makes, copies, publishes and disseminates information content prohibited by laws, regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall give a warning and order it to correct within a time limit according to law

if the circumstances are serious or refuse to correct, the service shall be ordered to suspend, and a fine of not less than 5000 yuan but not more than 30000 yuan shall be imposed, until the relevant departments close the service according to law. If a crime is constituted, criminal responsibility shall be investigated according to law

If a blockchain information service user violates the provisions of Article 9 of these provisions and makes, copies, publishes and disseminates information content prohibited by laws and regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall deal with it in accordance with relevant laws and administrative regulations

Article 19 If a blockchain information service provider violates the provisions of Article 6 of these provisions and fails to mark its record number on its network platform, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections, it shall be given a warning and fined not less than 5000 yuan but not more than 10000 yuan

Article 20 If a blockchain information service provider violates the provisions of paragraph 1 of Article 4 of these provisions and fails to go through the filing proceres in accordance with these Provisions, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections or if the circumstances are serious, it shall be given a warning and fined not less than 10000 yuan but not more than 30000 yuan

Article 21 if the blockchain information service provided by the blockchain information service provider has potential information security risks, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall, according to its ties, order it to rectify and suspend the service within a time limit, and continue to provide information services until it meets the relevant requirements of laws and regulations and national mandatory standards after rectification

if the blockchain information service provider violates the provisions of Article 4, paragraph 2, Article 8, Article 11, Article 12, Article 15 and Article 16 of these Provisions, the state and local Internet Information Office shall give a warning and order it to correct within a time limit according to its ties; If the circumstances are serious or if he refuses to make corrections, he shall be ordered to suspend service and be fined not less than 5000 yuan but not more than 30000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law

if the blockchain information service provider violates the provisions of Articles 10, 13 and 14 of these Provisions, it shall be handled by the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government in accordance with the provisions of the network security law of the people's Republic of China

2. At present, there are no laws and regulations on blockchain. After all, it is a new thing, and the formulation of laws and regulations will always lag behind the development of economy, society and technology, just like the legislation after the development of e-commerce for more than ten years.
3.

Using blockchain technology to store and issue electronic evidence is the basis of the application of blockchain technology in the legal field

in the whole life cycle of electronic data generation, collection, transmission and storage, blockchain technology can protect electronic data, prevent tampering, and leave traces of data operation

using blockchain technology to preserve electronic evidence, the electronic data that needs to be deposited is recorded in the form of transaction, stamped with time stamp, and recorded in the block, so as to complete the process of data preservation and deposit. In the process of data storage, multiple participant nodes witness together and maintain a distributed ledger, which greatly reces the possibility of data loss, tampering and attack

the combination of blockchain and electronic data storage can rece the cost of electronic data storage, facilitate electronic data collection and evidence identification, and improve litigation efficiency

4. At present, there is no special law. You need a lawyer to give you a legal opinion
what is a legal opinion? In fact, legal opinions are a general term. They actually include four aspects
1. White paper compliance
2. Token non securitization certification compliance
3. Private placement terms compliance
4. Public offering compliance
mainly focuses on these four aspects
5.

As an E-contract platform that focused on blockchain technology as early as 2015, we have taken the lead in the instry to set up a blockchain team in the early stage, invested in the research of cryptography, distributed ledger storage structure, consensus mechanism and other core underlying technologies of blockchain, explored the application scenarios of blockchain technology in the legal science and technology instry, and cooperated with a number of domestic authoritative judicial appraisal institutions and The notary office has set up a certificate storage alliance chain. At present, the legal department mainly applies blockchain technology to the field of electronic data distributed certificate storage, including contract certificate storage, e-mail certificate storage, document certificate storage, structured data certificate storage, etc

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