Laws and regulations on blockchain Finance
"Financial crimes in the name of Internet finance are becoming more and more serious." Jiang Shuzhen, director and prosecutor of the economic crime Department of the Beijing municipal procuratorate, told reporters that in recent years, the number of cases of building self financing platform in the name of P2P and issuing false credit transfer projects to finance themselves has increased year by year, and the harm has become more and more serious. In addition, illegal fund-raising in the name of virtual currency and blockchain also began to appear
According to Jiang Shuzhen's analysis, there are still some problems in financial crime cases, such as difficult investigation and evidence collection, and many disputes on the application of law. For example, in the case of illegal fund-raising, the amount of evidence collection is large, cross regional evidence collection is difficult, and there are disputes between crime and non crime, indivial crime and unit crimein addition, the regulation of financial laws and regulations on new financial formats such as Internet finance is relatively backward. Jiang Shuzhen, for example, in recent years, there have been illegal and criminal activities such as "Huaqiang coin" and "five element coin" with virtual currency as a gimmick. On September 4, 2017, the central bank and other seven ministries and commissions jointly issued the "notice on preventing the risks of token issuance and financing", which timely reminded the public to be alert to the risks of token issuance and financing and transactions, and achieved good results. But what is the meaning of token, There is a lack of law enforcement norms to regulate the illegal issuance of securities, illegal fund-raising, financial fraud, pyramid schemes and other illegal activities. In view of the problems exposed in Internet finance, blockchain and other new formats, we should improve the relevant laws and regulations as soon as possible to promote the effective connection between administrative law enforcement and criminal justice
content source: Red Star News
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
the current blockchain project compliance is divided into two sections:
first, blockchain coin issuing project compliance: Foundation + legal compliance opinion
often referred to as ICO, IEO, etc. first of all, we build overseas entities. Generally speaking, most coin issuing entities choose Singapore foundation. It is a non-profit company in the form of XX Foundation Ltd. Finally, a legal compliance opinion is issued by a Singapore lawyer. The content of the legal opinion includes the amendment of a white paper and the token non securitization certificate, which is mainly to make the project comply with the laws of Singapore. This legal opinion is also needed for the later docking of the project with the currency on the exchange< Second, blockchain exchange project compliance: subject company + digital currency trading license:
license is one of the important compliance documents of the platform. It is equivalent to a business license. In particular, after Huoyuan won the Japanese license, the US license and applied for the Canadian license, the license was pushed to a new height. Obtaining the US MSB license also means that the company can reasonably conct business in most states of the United States. This is the reason why the major platforms have started to apply for licenses. If they want to carry out business formally and legally, they have to apply for licenses
for example: MSB digital currency exchange license in the United States, MTR digital currency + Wallet al license in Estonia, austrac digital currency license in Australia, etc
the role of MSB license in the United States:
1. American MSB license is famous, packaging platform and good publicity
2
3. It can increase the trust of customers, enhance their visibility, and make the platform develop better and faster in compliance
advantages of MSB license
1. Investor recognition - Corporate Law and financial instry regulation in the United States are very perfect. With a U.S. license, your digital currency trading platform will be more recognized by global investors
2. Get authoritative approval - with the authoritative approval of the U.S. Treasury Department, you can carry out relevant business in the United States and around the world, which represents the compliance supervision of digital currency platform
3. Become a first-line platform -- MSB license is also a standard license for global digital currency trading institutions. Coinbase, bitfinex, poloiex, hotcoin.com, OK, coin security exchange and other platforms all hold this license to operate
4. Diversified services - MSB license allows currency exchange and delivery services, so that you can better meet customer needs and provide more diversified services
why is the license so important for the trading platform? First of all, people in the traditional foreign exchange circle know that the foreign exchange platform has the importance of supervising the license. Even such a traditional mode will create a future trading platform. Therefore, the license plate is bound to become a trend of development
after registering the main body of the foundation, we still need to do later legal compliance, the main purpose is to draw a clear line between law and crime, but I said it doesn't count. Because digital token is indispensable for blockchain. To put it bluntly, digital currency drives the popularization of blockchain in China, but what's the fact? Digital currency is just a small application of blockchain technology
e to the particularity of the instry, At present, there are no formal laws and regulations to restrict its development, involving a wide range of violations:
pyramid selling
illegal fund-raising
money laundering
absorbing public deposits
illegal operation
transnational foreign exchange crimes
providing more convenience for terrorist financing
therefore, different countries in the world have different attitudes towards blockchain, and China is explicitly prohibited, So we all go overseas to develop projects, such as Singapore and Thailand. First, the local laws and regulations are required. Who has the final say in the matter of whether the project is legal? There are two ways: to apply for a formal digital transaction license or to rely on a legal opinion issued by a lawyer. At present, the latter is in the majority, easy to operate and low cost.
based on the legal framework, the blockchain technology makes the transaction information more secure and transparent, and the data more traceable through the pre-set automatic execution of intelligent contracts, which greatly reces the cost of law enforcement, presents the situation that the law and technology complement each other, and the law and economy are integrated, which makes the legal constraints and enforcement graally move towards intelligence
what is blockchain
blockchain is an innovative application mode of distributed data storage, point-to-point transmission, consensus mechanism, encryption algorithm and other computer technologies in the Internet era
blockchain is essentially a decentralized distributed ledger database. It is a series of data blocks associated with cryptography. Each data block contains the information of effective confirmation of multiple bitcoin network transactions, which is used to verify the validity of the information (anti-counterfeiting) and generate the next block
foreign legal regulations on blockchain
as the blockchain technology itself is still in the exploration stage and has not been applied on a large scale, only some countries have enacted special legislation on blockchain technology< In the United States, Vermont and Arizona have passed bills to clearly define and support blockchain technology for public use. The bill stipulates the use specifications of blockchain and smart contract, and states that all data related to blockchain are "considered as electronic format and become electronic records", which is recognized by the state
UK
distributed ledger Technology: beyond blockchain mentions that the UK federal government will invest in blockchain technology to analyze the potential of blockchain application in traditional financial instry
Singapore
the government supports financial technology enterprises such as blockchain technology, and has launched a regulatory sandbox to provide a more tolerant development environment for blockchain start-ups
China's legal regulation on blockchain
in addition to the above-mentioned policies on blockchain itself, a series of regulatory provisions have been issued internationally for virtual currencies such as bitcoin
in our country, in addition to the policies on the transaction and financing of bitcoin and other virtual currencies, the government has also issued many policy regulations on blockchain
on December 27, 2016, blockchain technology was listed in the notice of the State Council on printing and distributing the 13th five year plan for national informatization. At the same time, the State Council also issued a document "China's blockchain instry is expected to walk in the forefront of the world" to support the healthy development of blockchain
it is mentioned in the guidance of the general office of the State Council on actively promoting the innovation and application of supply chain that we should study and use emerging technologies such as blockchain and artificial intelligence to establish a credit evaluation mechanism based on supply chain. Promote the organic docking of various supply chain platforms, and strengthen the disclosure and sharing of credit rating, credit record, risk warning, illegal and dishonest behavior and other information< In the eyes of lawyers, the legal risks of blockchain technology
as a distributed system, blockchain is an innovative application in the field of technology. According to the current exploration results, its technical concept can bring great changes to the development of various instries
however, as the law has not yet issued clear instry standards and applicable norms for blockchain, there are still problems such as national supervision and legal regulation in the future
taking bitcoin as a typical digital currency as an example, the first problem we face is supervision. Bitcoin and other digital currencies based on blockchain technology are logically decentralized and opposed to centralized supervision
secondly, the application of blockchain technology has to face huge risks. Taking bitcoin as an example, loss, theft, attack, speculation, money laundering and all kinds of disturbances, doubts and events have been accompanied by the development of bitcoin
the wide application of blockchain technology is inseparable from smart contract, which defines commitment in the form of digital coding. The two sides of the transaction do not need to trust each other, all transactions are enforced by the code
however, the validity of the form and content of smart contract has not been formally recognized by the law and the judiciary. As the contract text in the form of digital coding, it is not clear whether it can constitute the elements of an effective contract and whether it can meet the authenticity, legality and validity of the evidence to be accepted by the judiciary
e to the decentralized nature of blockchain technology, its own rules are bound to conflict and contradict with social rules and national legal rules. It is precisely conflicts and contradictions, risks and problems that can stimulate motivation and imagination, including that of society, the state and indivials
in the process of transaction, virtual currency based on the application of blockchain technology has posed great challenges to the legal tender and financial system of various countries, and caused investment risks and even social problems.