Who has been arrested for digital currency
According to the news on February 10, 2018, on September 4, 2017, seven ministries and commissions of the people's Republic of China issued the notice on preventing the financing risk of token issuance, which regulates the issuance of tokens. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, and it has no monetary attributes such as legal compensation and mandatory, It does not have the same legal status as currency and cannot and should not be used as currency in the market. Nevertheless, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens
In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant casesstealing bitcoin
recently, a news report said that Haidian police in Beijing cracked a case of destroying computer information system. The suspect Zhong used his administrator's authority to modify the company's computer applications and steal 100 bitcoins. Before he could sell the stolen money, Zhong was arrested by the police. At present, Zhong was detained for the crime of destroying computer information system
it can be seen from the report that the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system. The crime of destroying the computer information system stipulated in Article 286 of the criminal law of our country refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the provisions of the state, resulting in the abnormal operation of the computer information system and serious consequences, or deleting, modifying or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences
In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected as a data or system function in a computer system. The author thinks that there is some irrationality in this wayfirst of all, in the notice on the prevention of bitcoin risk issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and does not have such monetary attributes as legal compensation and compulsion. Bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored
Secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail. Although only the protection of the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the futurefinally, from the relevant cases, we can also see the recognition of the property attribute of virtual currency such as bitcoin in China's judicial practice. In April and may 2013, Liu premeditated to set up a bitcoin trading platform, so he recruited Jin and Huang (both sentenced) to jointly set up a "bitcoin" trading platform. During this period, Liu, Huang, Jin, Jin and the defendant he, in addition to other acts of directly stealing customers' funds, also frequently cashed RMB by selling customers' bitcoins, and transferred 120 bitcoins from the website. Finally, the court convicted and punished the defendant for fraud, and the bitcoin transferred by the defendant was also included in the property loss of the victim. Therefore, from the judicial cases, we can also get the recognition of the property attributes of virtual currency such as bitcoin
based on the above reasons, the author thinks that it may be unreasonable to regulate the theft of virtual currency only as the crime of damaging computer information system. We should face up to the hidden property value and consider the application of the crime of infringing property in China's criminal law. Only in this way can we effectively protect the legitimate rights and property of digital currency holders in China
2. Digital currency is an alternative currency in the form of electronic currency. It is an unregulated and digital currency, which is usually issued and managed by developers and accepted and used by members of a specific virtual community
it 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, lightcoin and ppcoin, are electronic currencies created, issued and circulated by means of check sum cryptography
on October 13, the International Monetary Fund predicted that global GDP would shrink by 4.4% in 2020, up 0.8 percentage points from the forecast in June. This year, China remains the only major economy the IMF expects to achieve positive growth< Tobias Adrian, head of the IMF's monetary and capital markets department, said in an exclusive interview with China first finance and economics reporter recently that China's economic recovery is leading the world, while the pilot of the central bank's digital currency (DCEP) is leading the world. He believes that at present DCEP is still focusing on M0 (cash in circulation), which has little impact on banks. In the early stage, DCEP will pay more attention to the application in China. In the future, as more countries begin to pilot central bank digital currency (CBDC), the cross-border use and convertibility of CBDC will be concerned
recently, the promotion of global central banks' digital currency is accelerating. Some mainstream central banks have changed their conservative attitude in their early years and accelerated the research on CBDC. China has taken the lead in carrying out relevant pilot projects. At 8:00 on October 11, Shenzhen "Lixiang Luohu digital RMB red envelope" booking ended, and the system successfully completed the pilot booking registration, which is an important step in the development process of digital RMB
Adrian said: "China's digital currency pilot is leading the world, and the IMF is closely following the pilot situation of China's digital currency in some urban areas." From the perspective of monetary statistics, the central bank's digital currency belongs to the category of M0, that is, cash, not M1 or m2. Therefore, he does not think it is necessary to worry about the impact on banks in the initial stage.
in the bottleneck period of world economic development, Xiaomei consumes the world's wool with its biggest scam
don't participate, don't listen, set up the national force to prohibit it, don't participate in the construction of any digital asset transactions, and don't be the eternal sinner of the motherland
blockchain technology is a waste of resources, not in line with the development of intensive economy! Simple things are complicated, and small resource consumption becomes multi resource consumption
data storage doesn't need money, and servers don't need money. And who can guarantee that the server data will not be lost. Natural and man-made disasters, natural strain. Does it make sense to play the virtual game of wasting the resources of the real economy? After all, there are so many people who don't have enough to eat!!!
“ The biggest case in the coin Circle & quot; The second instance of plustoken case is in Jiangsu & middot; Yancheng sentence. The case involved more than 2 million participants, more than 3000 levels of hierarchical relationship, and the total value of digital currency involved exceeded 40 billion yuan
Yancheng intermediate people's Court of Jiangsu Province issued a criminal ruling of second instance, rejecting the appeal and maintaining the original judgment. According to the judgment of the first instance, 14 defendants, including Chen Bo, Ding zanqing and Peng Yixuan, committed the crime of organizing and leading pyramid selling activities, and Chen Tao, who committed the crime of covering up and concealing the crime, was sentenced to two to eleven years' imprisonment and a fine
At the beginning of the 19th century, Yancheng public security organs received a report that some people used plutoken network platform to commit pyramid selling crimes, and Yancheng public security organs put the suspects on file for investigationunder the coordination of the Ministry of public security, the special case police officers went to Vanuatu, Kampuchea, Vietnam, Malaysia and other countries and regions, and successfully arrested 27 suspect suspects who were hiding abroad. Meanwhile, 1 suspect suspects were arrested in the territory. p>
in the past 20 years, the Ministry of public security deployed the national public security organs to arrest all 82 key members suspected of pyramid selling
In May 2018, plus token announced that the first blockchain ecological application jointly built by former Google staff and employees of a multinational company is an ecosystem integrating multi currency Cross Chain Wallet, decentralized trading platform, global payment, intelligent arbitrage, computing power mining and blockchain instry chain, which is a virtual currency wallet for virtual currency value-added services. With the 60% yield per month as the publicity, through wechat group, currency speculation forum and other communication channels, and by pulling people's heads and using dividends and rewards to ince members to develop offline in large numbers, in just one year, it has swept more than 100 countries and regions around the world, with more than two million people participating and more than three thousand pyramid schemes, The amount involved was as high as 5 billion yuan. It is said that the co-founder packaged by plus token is actually a foreign student, so who is the actual operator behind the plus token? How is he now
however, compared with other forms of currency, it is more difficult.