Legal supervision of digital currency
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.
first, classify the legal nature of digital currencies and establish their legal status
the identification of the nature of digital currency has always been the core issue of legal supervision
Second, regulate ICO to protect the rights and interests of investors
thirdly, we should adopt the license system to supervise the legal qualification of digital currency start-ups< Fourth, the digital currency trading platform and private users should be included in the anti money laundering laws and regulations to prevent money laundering activities
fifthly, rece or exempt bitcoin transaction tax or formulate regulatory exemption privileges to relax the regulation of digital currency instry.
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
however, there is still a lack of supervision on digital currency in China, which is legal as long as we do not engage in illegal activities. For example, bitcoin, lightcoin, token DTC, ether coin and so on.
however, it is possible to regulate the use of bitcoin in a similar way to any other currency. Like the US dollar, bitcoin can be used for a variety of purposes, some of which can be considered legal or not in accordance with the laws of each jurisdiction. At this point, bitcoin, like any other tool or resource, will be subject to different regulations of each country. Under restrictive regulations, the use of bitcoin will also become very difficult. In this case, it is difficult to determine what proportion of users will continue to use the technology. Governments that choose to ban bitcoin will hinder the development of domestic enterprises and markets and transfer innovation to other countries. As always, the challenge for regulators is to develop effective solutions without compromising the development of emerging markets and companies
on December 5, 2013, the Central Bank of China and other five ministries and commissions issued the bitcoin risk notice, which clearly defined bitcoin as an Internet commodity.