Legal issues on the basis of digital currency supervision
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
according to the notice on preventing the financing risk of token issuance, there is no approved digital currency trading platform in China. According to China's digital currency regulatory framework, investors have the freedom to participate in digital currency transactions at their own risk
warm tips: the above information is for reference only. Before investing, it is recommended that you first understand the risks existing in the project, and understand the investors, investment institutions, chain activity and other information of the project, rather than blindly investing or mistakenly entering the capital market. Investment is risky, so we should be cautious when entering the market
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there is no unified concept of legal digital currency. The Bank of England defines "digital currency" as "a payment method existing only by electronic means... Which can be used to purchase physical goods and services"... Including "private digital currency" and "digital currency issued by the central bank". Further than the Bank of England, Yao Qian, director of the digital currency Research Institute of the people's Bank of China, made clear the multiple connotations of the central bank's legal digital currency in several public speeches: legal and encrypted credit currency, adopted a series of algorithms, and derived more intelligent functions in the payment function
to this end, the central bank has designed a system architecture of "one currency, two warehouses and three centers", that is, taking digital currency as the center, designing the issuing library and deposit library, matching the certification center, big data analysis center and registration center. The central bank's digital currency is issued by the central bank and circulated in the commercial bank's account. The issuing inventory is put into the people's Bank of China to deposit the digital currency. The deposit bank is the database of the commercial bank to deposit the central bank's digital currency. The authentication center manages the identity of institutions and users in a centralized way; The registration center completes the whole life cycle and ownership registration of the central bank's digital currency; The big data analysis center achieves the goals of anti money laundering, anti terrorist financing, index detection and analysis
as an important node in the framework of legal digital currency, commercial banks play an important role in the circulation of central bank's digital currency. In the case that China's non bank payment institutions have occupied a certain market share, it is a better choice for non bank payment institutions to participate in the framework of digital currency operation as a supplement to commercial banks. The reasons are as follows: first, third-party payment institutions can help commercial banks realize the promotion of legal digital currency. Within commercial banks, there is a competitive relationship between legal digital currency and physical currency. The public tends to convert the digital currency in cash account into traditional currency in exchange for income, so it is difficult to achieve the goal of promoting digital currency by commercial banks; Second, the third-party payment institutions can avoid the repeated construction of payment application scenarios by commercial banks. Different from non bank payment institutions, the current payment scenarios of commercial banks are relatively lack of diversification, which will lead to a waste of resources and the rich experience accumulated by non bank payment institutions; Third, the third-party payment institutions can appropriately rece the operating costs of commercial banks. On the one hand, commercial banks need to upgrade the necessary software and hardware for the central bank's digital money service; On the other hand, we should continue to do a good job in traditional RMB deposit and withdrawal services. The simultaneous operation of the two systems will increase a lot of human and material costs. Fourth, the third-party payment institutions can promote the construction of payment instruments and channel integration of commercial banks. In the framework of legal digital currency, the single payment instruments and complex payment channels provided by commercial banks may rece the enthusiasm of the public to use legal digital currency
2 the emergence of legal digital currency reshapes the role of non bank payment institutions
in the process of cooperation with commercial banks, all kinds of non bank payment institutions play four roles. The first is the role of account manager. Non bank payment institutions can not operate deposit and loan business, and the amount in their payment account is not a deposit, so it is easier for the public to accept the role of non bank payment institutions as "digital wallet". At the same time, non bank payment institutions have rich experience in the development and operation of digital currency wallets and their terminals, which is concive to the smooth management and use of central bank's digital currency, and there is no need to worry about the risk of misappropriation of funds by non bank payment institutions. The second is the role of payment service provider. Non bank payment institutions have a lot of experience in scenario development and operation, including mobile payment, cross-border payment and rural payment, and relatively large market share of scenario based payment. On the one hand, powerful non bank payment institutions can develop a variety of procts based on Intelligent legal digital currency to meet the needs of users' exchange, payment, storage and related derivatives; On the other hand, non bank payment institutions can make use of various scenarios to promote the use of legal digital currency. For example, when consumers want to invest through the central bank's digital currency, non bank payment institutions, with the experience of traditional currency investment and payment services and upgraded digital wallet, can be fully competent as the special payment service provider of digital currency investment. Third, the role of system construction service provider. NPC, the core of national payment and settlement system, and CCPC, the core of provincial payment and settlement system, will continue to play an important role in the framework of legal digital currency. In the long-term coexistence of legal digital currency and traditional currency, NPC and CCPC will be double important nodes. Non bank payment institutions with strong technical ability can be used as secondary verification nodes under the framework of legal digital currency to supplement the multi center and distributed system architecture and continue to dock with NPC and CCPC
3 technical connection between non bank payment institutions and legal digital currency system
the innovation of non bank payment institutions is accompanied by the connection with legal digital currency system, covering the whole process of digital currency generation, storage, use and withdrawal. In this process, the first thing to solve is the docking of basic layer technology and transaction mole. The docking of basic layer technology is reflected in three aspects. First, in terms of basic security technology, non bank payment institutions, as providers of mobile terminal transaction forms, need to apply terminal security mole technology, dock with unified encryption and decryption system, provide carriers for secure storage and encryption and decryption operations, and provide effective basic security protection for digital currency. Secondly, in the aspect of data security technology, non bank payment institutions, as a part of the whole payment system, should adopt the official unified ciphertext + MAC / ciphertext + hash technology to transmit digital currency information, so as to ensure the confidentiality, security and non tamperability of the information. Thirdly, in the aspect of transaction security technology, non bank payment institutions, as the advanced nodes participating in bookkeeping, adopt blind signature technology to ensure the controllable anonymity of digital currency in the process of transaction, and eliminate the possibility of repeated payment through serial number, time stamp and other ways; And through encryption and decryption, digital signature, identity authentication and other anti-counterfeiting ways to ensure the authenticity of the transaction
when docking with the transaction mole, non bank payment institutions should do the following: first, docking with the certification center to obtain relevant digital certificates and user identity information; Second, connect with the trusted service management mole to obtain the use function of digital currency; Third, connect with the issuing system and storage system, and apply for and exchange digital currency through the bank treasury; Fourth, connect with the transaction communication mole to ensure that users can realize online payment through the transaction network in the intelligent terminal based on online transaction communication; Fifth, connect with the registration center, notify and record the flow of digital currency transactions, so as to complete the registration of the central bank's digital currency generation, circulation, checking and extinction process
4 scenario docking between non bank payment institutions and legal digital currency system
scenario docking of non bank payment institutions is based on the transformation of their own roles. Legal digital currency is algorithmic currency and intelligent currency, so business innovation and scenario expansion are the proper meaning of legal digital currency system. Non bank payment institutions can achieve scene docking mainly in four aspects
first, enabling the financial instry and defusing the limitations of financial scenario services. At present, there are some limitations in financial scenario service, such as business modeling is not universal, different agents have different management requirements, and the system docking cost of participants is high. Non bank payment institutions connect with the underlying technology of legal digital currency, and through the research and development of smart contract, establish behavior information such as capital flow, trigger conditions, value change rules, revenue right registration, and corresponding capital information (amount, account, currency, etc.) to resolve the existing limitations of financial scenario service. Non bank payment institutions use the atomic properties of digital currency and the atomic transactions of smart contracts to "assemble" into a business model. It does not need to develop a separate platform for different business scenarios, and avoids the monopoly of the instry platform and the non disclosure of information
Second, expand the use scenarios and improve the user experience. Non bank payment institutions can continue to expand the use scenarios according to the characteristics of legal digital currency on the basis of the existing rich payment scenarios, so as to meet the needs of users' exchange, payment, storage and related derivatives. At the same time, through the aggregation application, users can use the app of non bank payment institutions to dock a large number of scenarios and services
thirdly, improve the security of funds and create a universal digital wallet. Non bank payment institutions can provide digital wallet services, create digital wallets that meet security standards through their own technology, and ensure the security of users' funds. Alternative methods include: the central bank and non bank payment institutions cooperate to develop a unified universal digital wallet application, or authorize several qualified non bank payment institutions to provide universal digital wallet services. The digital wallet can realize the mutual exchange between the user's funds in various commercial banks and the legal digital currency even in the self owned accounts of non bank payment institutions. From the perspective of implementation, at the same time, the traditional account system of commercial banks can also bind the digital currency wallet of non bank payment institutions, so as to achieve the joint management of traditional accounts bound with digital currency wallet
Fourth, help cross-border settlement and build a safe and reliable cross time zone alliance chain. Non bank payment institutions can deeply participate in the cross-border payment system of legal digital currency. Cooperation with commercial banks and central banks can be achieved in at least two aspects. First, payment standards and tools are available. Non bank payment institutions participate in the research and establishment of standards and tools to realize the possibility of technical docking. Second, cross border payment system. The business system led by the central bank and participated by commercial banks and qualified non bank payment institutions will help to realize efficient cross-border payment
5 the legal framework of non bank payment institutions and legal digital currency is connected
a perfect legal system is an important guarantee for the operation of the digital currency system. There are several key questions to answer. First, how to determine the ownership of legal digital currency? This is the basis of all legal acts of legal digital currency. The first way of thinking is that legal digital currency is intangible. As a special movable property, it is applicable to the provisions of the property law. For example, Liu Xiangmin, director of the Department of articles and law of the people's Bank of China, believes that "to solve the problem of ownership transfer of digital currency, we should also focus on the publicity of ownership." The second idea is that digital currency is an electromagnetic record, which is applicable to the law of data transfer and transaction. The essence of digital currency is electromagnetic recording, and the transfer of electromagnetic recording content is recorded in the node of digital currency technology architecture. The change of node records is taken as the standard of ownership transfer. Second, how to protect personal information security? Personal information security is a basic problem in the era of digital economy. In addition to legislation to improve the level of technical security, we should also make clear the main types of legal digital currency system
bitcoin can exist only because both sides of the transaction recognize its transaction value, so anyone can design virtual currency independently. Ars technica, for example, announced this week that it would create its own cryptocurrency, arscoin[ 2]
Cohen believes that the main threat to digital cryptocurrency is how to keep it safely, and the loss of mt.gox bitcoin once again highlights this problem. Recently, the US Congress has also launched a debate on digital cryptocurrency. Some members believe that the supervision of the bitcoin should be strengthened to avoid risks. Another congressman, Jared polis, believes that the US dollar has similar defects to bitcoin, so if bitcoin is banned, then the US dollar note should also be banned[ 2]
digital currency has a short history of development in the world, but it develops rapidly. Many countries are trying to sum up experiences and lessons through official or non-governmental efforts.
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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 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."
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.