Legal attribute of digital currency
1. The concept range is different. bitcoin is a kind of digital currency, and the concept of digital currency covers bitcoin
However, some digital currencies have independent issuers The biggest difference between bitcoin and other virtual currencies is that the total quantity of bitcoin is very limited and it has a strong scarcity. The monetary system used to have no more than 10.5 million in four years, after which the total number will be permanently limited to 21 milliondigital currency is abbreviated as digiccy, which is the abbreviation of "digital currency" in English. It is an alternative currency in the form of electronic currency. Both digital gold coin and cryptocurrency belong to digiccy. Bitcoin is a digital currency
digital currency is different from the virtual currency in the virtual world, because it can be used for real goods and services transactions, not limited to online games. The early digital currency (digital gold currency) is a form of electronic currency named after the weight of gold
today's digital currencies, such as bitcoin, lettercoin and ppcoin, are electronic currencies created, issued and circulated by means of check sum cryptography. It is characterized by the use of P2P peer-to-peer network technology to issue, manage and circulate currency. In theory, it avoids bureaucratic examination and approval, so that everyone has the right to issue currency
illegal digital currency
in recent years, "virtual currency" represented by bitcoin, Ethernet currency and Leyte currency has been traded centrally on some Internet platforms. With the help of financial technology, the price of these "currencies" has graally spread to investment, financing and other financial fields, which has aroused wide attention from all walks of life
not long ago, the people's Bank of China and other seven ministries and commissions jointly issued the announcement on preventing the financing risk of token issuance, which clearly regulated the relevant behaviors. Experts pointed out that "virtual currency" is not legal tender (legal currency) issued by monetary authorities, but a specific virtual commodity in essence
therefore, it is undoubtedly a great legal and economic risk to think that "virtual currency" has or will have the nature of legal tender and to carry out speculation, network fund-raising, lending and financing
It's illegal
the central bank indicated that it has not issued legal digital currency, nor authorized any institutions and enterprises to issue legal digital currency, and there is no promotion team. At present, the so-called "digital currency" in the market is not legal digital currency
In addition, the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud
extended information:
virtual currency is the electronization of illegal currency, and its original issuer is not the central bank. This kind of virtual currency is mainly limited to circulation in a specific virtual environment. Digital currency can be used for real goods and services transactions, but only the digital currency issued by the state is legal digital currency
in 2013, the central bank, together with five ministries and commissions, issued the notice on prevention of bitcoin risks, which clearly defined non legal digital currencies such as bitcoin as virtual commodities, which do not exist in the form of currency and legal currency
at the end of 2013, the central bank and other five ministries and commissions jointly issued the bitcoin risk notice, which clearly defined bitcoin as a special Internet commodity, and people can buy and sell it freely at their own risk. But it denies its monetary attribute. At this stage, bitcoin cannot and should not be used as currency
Ruitai, Qianjin card, Laite and other digital currencies are all applicable to the definition of bitcoin. Digital currency can exist as a commodity.
In China, digital currency is illegal. According to the regulations, financial institutions and non bank payment institutions shall not directly or indirectly provide procts or services such as account opening, registration, trading, clearing and settlement for token issuance financing and "virtual currency"
it is not allowed to underwrite insurance business related to token and "virtual currency" or include token and "virtual currency" in insurance liability. Financial institutions and non bank payment institutions shall report to the relevant departments in a timely manner if they find clues of violation of laws and regulations in token issuance financing transactions
extended information:
since the announcement on preventing the financing risk of token issuance was issued, any so-called token financing trading platform shall not engage in the exchange business between legal tender and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as a central counter party, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"
for the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law
2. Digital currency is a kind of unregulated and digital currency, which is usually issued and managed by developers and accepted and used by members of specific virtual communities. The European Banking authority defines virtual currency as a digital representation of value, which is not issued by the central bank or authorities, nor linked with legal currency. However, because it is accepted by the public, it can be used as a means of payment, or it can be transferred, stored or traded in electronic form
warm tips: ① the above contents are for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts. ② There are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction
response time: December 28, 2020. Please refer to the official website of Ping An Bank for the latest business changes
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It is illegal to buy and sell digital currency in China
according to the announcement on preventing the financing risk of token issuance jointly issued by the central bank and other seven ministries and commissions, the announcement points out that any so-called token financing trading platform shall not engage in the exchange business between legal currency and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as the central counterparties, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"
the announcement points out that token issuance financing refers to the so-called "virtual currency" raised from investors through illegal sale and circulation of tokens. In essence, it is an unauthorized illegal public financing behavior, suspected of illegal sale of token tickets, illegal issuance of securities, illegal fund-raising, financial fraud, pyramid schemes and other illegal and criminal activities
extended information:
the central bank said that the so-called "digital currency" in the market is not legal digital currency:
the central bank's monetary Bureau issued a "risk warning on issuing or promoting digital currency in the name of the people's Bank of China" on its official website, saying that recently, indivial enterprises falsely use the name of the central bank, The relevant digital procts are labeled as "authorized issuance by the people's Bank of China", or the central bank's digital currency promotion team is falsely claimed, in an attempt to deceive the public and take the opportunity to make huge profits
the central bank said that the central bank has not issued legal digital currency, nor authorized any institutions and enterprises to issue legal digital currency, and there is no promotion team. At present, the so-called "digital currency" in the market is not legal digital currency. The central bank also suggested that the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud
in fact, virtual currencies such as bitcoin and lightcoin are representatives of the so-called digital currency. The central bank said in 2016 that it was studying China's legal digital currency. Yao Qian, director of the digital currency Research Institute of the people's Bank of China, previously told the media that the prototype scheme for the central bank to issue legal digital currency has completed two rounds of revision, and is expected to be tested in relatively closed application scenarios such as the bill market in the future, but there is no clear timetable for its launch
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Guangxi longyingtianxia has been confirmed to be suspected of pyramid selling and is under investigation
the main company of longying world is Guangxi longying marketing planning Co., Ltd., which has been listed in the list of abnormal operation for failing to submit annual report information and publicizing enterprise information, concealing the true situation and practicing fraud, and has been subject to administrative punishment for violating tax management regulations
the following are part of the "blacklist":
214, xinlianhe (far away)
215, qianoo advertising machine (far away)
216, Mingchen International (running away)
217, yinshangbao (far away)
218, Yinhe blockchain (far away)
219, Shaanxi hongshaan Valley (running away)
220, Shaanxi Hongguo (running away)
221, Shaanxi Xi'an gangrong Technology (running away)
222 Longxi group (far away)
223, longyingtianxia (abnormal platform)
224, Jimei Baijia (restart and renamed)
225, Xuexiang Tesco (cash withdrawal difficulty)
according to the investigation of China Youth Daily · Zhongqing online reporter, the "two barrels of oil" and "Li Gui" in Zhejiang market are not as simple as a rumor refuting announcement. A company in Guangdong also organized an attack on "China oil card" on social media
"in the past, when Shanzhai gas cards were overturned in other areas, we felt that they were far away. This time, the" Zhongyou card "went straight to Yongtaiwen area in Zhejiang Province, making people feel more nervous than ever before." Jiang Zhiyong, director of the gas station management department of PetroChina Zhejiang sales company, said with the publicity materials distributed at the news conference of the Wenzhou Branch of "China Petroleum card"
in the business hall of Sinopec Cixi gas station, a man told a woman that after running Sinopec gas card, he could download an app on his mobile phone, register and bind the gas card, and get 4000 yuan discount by recharging 15000 yuan through the app. The staff of the business hall reminded the lady not to believe in such preferential activities
claims that it is a large-scale comprehensive wealth platform based on Internet plus energy and employment, and its members are both consumers and market promoters, thus achieving mass employment and entrepreneurship. Ordinary consumers who download the "Zhongyou card" app on their mobile phones must input their mobile phone number, verification code, and the name and mobile phone number of the previous introcer. They can only register and log in after strict audit
"'petrochina card 'does not issue cards at all, nor is it based on Sinopec's platform and system operation. Instead, it parasitizes its business model on Sinopec and other regular gas cards, and in addition, it pulls a group of people and develops a system to expand everywhere." Relevant personnel of Sinopec Zhejiang oil company's Publicity Office said that its essence is to let Sinopec and PetroChina "carry the black pot"
the relevant business departments of Sinopec and PetroChina Zhejiang company said that it was "impossible" for the "CNPC card" to promise the high return of recharging its members. According to the sales revenue and cost data of gasoline and diesel provided by the company, taking the air recharge of 15000 yuan for 4000 yuan package as an example, 15000 yuan can add more than 2400 liters of gasoline
"two barrels of oil" business department related staff pointed out that Shanzhai gas cards often take the money from home to make up for the price difference, drum style continues to develop new members. What's more, when members reach a certain scale and amount of capital, they can make up the capital gap with the return of investment in other fields, in which the potential legal risk and capital risk are very large
in recent years, with the rapid development of the Internet and social media, all kinds of fake gas cards come out in a variety of ways, and become "little strong" repeatedly. In 2012, the company launched a PC version of its official website, and some Internet experts imitated the webpage and linked to "phishing" websites to defraud customers of their top up money
WeChat official account, some people registered "petro technology" and "micro refueling" for their lives. They announced that they would get "Sinopec" thanks to the message that they could get the 200 yuan Sinopec fuel card free. Within a short time, the news was wildly forwarded in the circle of friends, and Sinopec Ningbo Branch's gas card customer service hotline constantly received calls from customers to inquire about and verify the problems such as the return of pre charging fees to cash
then, a "China Petroleum Reserve" card suddenly appeared in Zhejiang, claiming that as long as customers fill up gas at Sinopec and PetroChina gas stations, issue invoices, take photos and upload them to the app platform, they will rebate according to the preferential amount“ The "zhongchu oil" card didn't run for long before it went out of business. Now Zhejiang has another "Zhongyou card"
"the most important thing is that the cost of breaking the law is low and it is difficult to crack down on."“ "Two barrels of oil" related staff said that even if Sinopec and PetroChina outlets monitored the market for fake gas cards, they would at most issue a public statement, or even be unable to report the case to the police. Because "the one who is injured will report", Sinopec and PetroChina are not direct victims and cannot report to the police
recently, Sinopec and PetroChina informed Taizhou market supervision and Administration Bureau of the suspected false publicity and other relevant information about the opening of "PetroChina card" in Taizhou. After on-site investigation and evidence collection, the law enforcement officers of the Bureau ordered them to rectify the behaviors beyond the scope of business license. However, a person concerned told China Youth Daily · Zhongqing online that "the business of" Zhongyou card "in developing members' air recharge has not stopped because of this."