General principles of civil law digital currency
It is included in the general provisions of civil law and protected by law
"general principles of civil law":
Article 127 where there are provisions on the protection of data and network virtual property in law, such provisions shall be followed
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 According to the relevant sources, p>
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 After the rise of p>
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."
the general principles of the civil law was promulgated on April 12, 1986 and put into effect on January 1, 1987. The general principles of the civil law was formulated in the early stage of reform and opening up. At that time, we were faced with the problem of food and clothing for Chinese people, At that time, the ability of Chinese people to create material wealth was not enough to meet our living needs. Under this background, the general principles of civil law attached great importance to economic function. In Article 2 of the general principles of the civil law, when expressing the object of adjustment, it is said as follows: the civil law of the people's Republic of China regulates the property relations and personal relations between citizens, legal persons and between citizens and legal persons who are equal subjects. First, property relations, then personal relations The fifth chapter of the general principles of civil law is arranged as follows: the first section is property rights related to property ownership, the second section is debt rights, the third section is intellectual property rights, and the fourth section is personal rights. It is also about property rights before personal rights. It shows that the general principles of civil law really reflects the importance of the economic function of civil law< The general principles of civil law was formulated in the second decade of the 21st century. The ability of Chinese people to create material wealth is enough to meet the needs of Chinese people's life. In this context, although economic construction is still one of the core tasks, we pay more attention to the humanistic care mentioned just now. Therefore, when we look at Article 2 of the general provisions of the civil law, when we express the object of adjustment of the civil law, we say that the civil law adjusts the personal and property relations among natural persons, legal persons and unincorporated organizations who are equal subjects< Second, the difference of their legal concepts
the general principles of civil law gives priority to the adjustment of personal relationship in civil law. Look again at the four provisions on civil rights in Chapter V of the general provisions of the civil law: 109, 110, 111 and 112, which are the legal rules for natural persons, legal persons and unincorporated organizations, especially for confirming the protection of various types of personal rights and interests of natural persons. The following 113 articles are the rules to determine and protect all kinds of property rights and interests. Compared with the fifth chapter of the general principles of civil law, the order of arrangement is obviously adjusted. This is the implementation and embodiment of the idea that the general principles of civil law pays more attention to humanistic care than the general principles of civil law. It can be said that in terms of spiritual temperament, many specific rules of the general principles of civil law are quite different
for example, the general principles of civil law gives priority to the civil law adjustment of personal relationship. Look again at the four provisions on civil rights in Chapter V of the general provisions of the civil law: 109, 110, 111 and 112, which are the legal rules for natural persons, legal persons and unincorporated organizations, especially for confirming the protection of various types of personal rights and interests of natural persons. The following 113 articles are the rules to determine and protect all kinds of property rights and interests. Compared with the fifth chapter of the general principles of civil law, the order of arrangement is obviously adjusted. This is the implementation and embodiment of the idea that the general principles of civil law pays more attention to humanistic care than the general principles of civil law. It can be said that in terms of spiritual temperament, many specific rules of the general principles of civil law are quite different.
The general principles of civil law are the current legal documents of civil law
The general provisions of civil law are opposite to the specific provisions of civil law, which refer to the basic and principled provisions of civil lawthe general theory of civil law is highly academic, and most of the time it is used in theory rather than legislation
What are the new provisions in the new general provisions of civil law Article 1 this law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and promote the socialist core values
Article 8 when civil subjects engage in civil activities, they shall not violate the law, public order and good customs (2) basic principle of "green"[legal provisions] Article 9 when civil subjects engage in civil activities, they should be concive to saving resources and protecting the ecological environment
(3) protection from cradle to grave Article 16 of the law deals with the protection of the interests of the fetus, such as inheritance and acceptance of gifts, and the fetus is deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning Article 185 if the name, portrait, reputation or honor of a hero or martyr is infringed upon, thereby harming the public interest, he shall bear civil liability Article 19 A minor over the age of eight is a person with limited capacity for civil conct, and the execution of a civil juristic act shall be represented by his or her legal representative or with the consent and ratification of his or her legal representative, but he or she may independently perform a purely beneficial civil juristic act or act in accordance with his or her age, age, age, and age The civil legal act that adapts to intelligence (5) a guardian may appoint a guardian by will Article 30 guardians can be determined by agreement between persons with guardianship qualification according to law. According to the agreement, the guardian should respect the true will of the ward (6) the village committee is also a special legal person.
[legal provisions] the organ legal person, rural collective economic organization legal person, urban and rural cooperative economic organization legal person and grass-roots mass autonomous organization legal person specified in article 96 of this section are special legal persons
Article 111 personal information of natural persons shall be protected by law. Any organization or indivial that needs to obtain other people's personal information shall obtain and ensure information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally trade, provide or disclose other people's personal information (8) virtual property shall be protected by law.
[legal provisions] Article 127 where there are provisions on the protection of data and network virtual property in law, such provisions shall prevail
in the past, there was a big controversy about whether to protect these properties. However, with the increasing types and quantity of data and network virtual properties, the voice for their protection is also growing. The general principles of civil law keep the openness. It is clear that if the law has provisions on the protection of these properties, it will leave enough space for the future legislation, and provide the upper legal basis for the protection of data and network virtual property
Article 183 in case of damage caused by the protection of the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may give appropriate compensation. If there is no infringer, the infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation Article 184 the salvor shall not bear civil liability if the act of voluntary emergency relief causes damage to the aided person The limitation of action shall be extended to three years. Where the law provides otherwise, such provisions shall prevail Article 191 the limitation period of action for a minor's right to claim damages for sexual assault shall be counted from the date when the victim reaches the age of 18the above are the ten new provisions of the new general principles of civil law. The general principles of civil law respond to the disclosure of personal information, telecommunications fraud, communication harassment, and "human flesh search", emphasizing that the acquisition of personal information must be in accordance with the law, which provides a legal basis for further safeguarding their own information rights and interests and pursuing their responsibilities. Personal virtual property and expropriation are also stipulated
no matter how much the amount is, it does not conflict with safeguarding one's own rights and interests. At present, there are no specific provisions in the law.