0 digital currency
The digital currency of the central bank is DCEP
the name of the digital currency developed by the central bank is DCEP (digital currency electronic payment). DC is digital currency. EP is electronic payment. Payment transmits digital things through a certain way, not paper currency. Therefore, electronic payment itself has the attribute of digital currency
The characteristics of digital currency are: low transaction cost; Fast trading speed; Highly anonymous
extended data
Application of digital currency
I. fast, economic and safe payment and settlement
cross border payment helps RMB internationalization. In 2015, the settlement volume of cross-border payment involving current account is about 8 trillion yuan. To accelerate the internationalization of RMB, cross-border payment and settlement procts and solutions with low cost, high efficiency and low risk are needed
At present, there are still a lot of repetitive human work in the bank's electronic loan process and processing process, and as the basic support of loan issuance, many of the collateral has the situation of false pricing or multiple or even no collateral. We can consider using digital currency to price and track bank collateral:3. Bill finance and supply chain finance
in recent years, various bill market businesses based on commercial bills have grown rapidly, and bill financing procts have become a hot area of Internet financing. However, about 70% of the current bill businesses in China are still paper transactions, Supply chain finance is also highly dependent on labor costs
reference materials
network digital currency
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 preventing the risk of bitcoin, which clearly defined non legal digital currencies such as bitcoin as virtual commodities, not in the form of currency and legal currency< At the same time, digital currency is different from electronic payment. In the actual use experience, digital money and electronic payment may feel similar, but they are still quite different in essence. Before digital currency, the financial instry has been highly informationized. Such as Internet banking, WeChat, Alipay and so on pay the popularization of electronic technology, physical cash accounts for only a very small part of the total circulation of money. In spite of this, because the money used in the transaction comes from the bank account, it actually corresponds to the banknotes.
secondly, if rights are protected within the territory of our country, according to our legal system, legal liability can be divided into criminal liability, civil liability and administrative liability. In China, the issuance and financing of virtual currency is prohibited, and there is no relevant regulatory agency, so investors can only investigate the criminal and civil liabilities of the corresponding parties
1. Criminal responsibility
however, assuming that there are some cases that may involve criminal crimes, such as online breaking or even later returning to zero, futures trading being manipulated by the platform, and in line with the provisions on jurisdiction in China's criminal law, the corresponding legal provisions should be applied in combination with their criminal acts< According to the provisions of articles 6 to 9 of the criminal law on the principle of criminal jurisdiction, China's criminal jurisdiction can be divided into the following four categories:
(1) territorial principle: if one of the acts or results of a crime occurs within the territory of the people's Republic of China (including ships or aircraft), China's criminal jurisdiction shall apply unless otherwise specified by law< (2) principle of person: if a citizen of our country commits a crime stipulated in this law outside the territory of the people's Republic of China, the criminal law of our country shall apply. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, he may not be investigated. The criminal law of the people's Republic of China shall apply to any state functionary or serviceman who commits any crime specified in this law outside the territory of the people's Republic of China< (3) principle of protection: If foreigners commit crimes against our country or citizens outside the territory of the people's Republic of China and the minimum penalty prescribed in this law is fixed-term imprisonment of not less than three years, the criminal law of our country can be applied, except those who are not punished according to the law of the place where the crime is committed< (4) general principle: This Law shall apply to crimes stipulated in international treaties concluded or acceded to by the people's Republic of China over which the people's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations
for example, there are illegal means in breaking and manipulating the price of virtual currency in the exchange when it goes online. Although virtual currency does not belong to the category of securities recognized by our country, making profits through this illegal way may also violate the charges of illegal sale of token bills, illegal issuance of securities, illegal fund-raising and financial fraud in our criminal law, Then investors can take measures to protect their rights in China, such as reporting to the public security organs
2. Civil liability
in civil and commercial activities, we mainly follow the principles of equality, voluntariness, fairness and good faith. With the development of China's securities market, there are many civil cases in which investors defend their rights to A-share companies. However, because China has not yet included virtual currency into the scope of securities, there is no case of civil liability for manipulating the price of virtual currency, Therefore, it is difficult for investors to protect their rights through civil litigation
in addition, based on the relativity of civil legal relationship, even if the underlying assets and projects of overseas ic0 projects are in China, most of them have built overseas structures, so it is difficult for investors to break through the relative relationship and recover the actual project subject responsibility of ic0.
The minimum penalty for the crime of organizing and leading pyramid selling activities is criminal detention, and the maximum penalty is fixed-term imprisonment of more than five years. Generally, fixed-term imprisonment is not more than 20 years
Article 224-1 of the criminal law:
in the name of marketing goods, providing services and other business activities, organizations and leaders require participants to pay fees or purchase goods and services to obtain the qualification to join, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for remuneration or rebate, so as to lure and encourage the development of enterprises Those who force participants to continue to develop pyramid selling activities that others participate in, defraud property and disrupt economic and social order shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined
MLM in criminal law is different from direct selling. MLM in criminal law is a kind of criminal behavior, and the starting point of criminal behavior is low, which can more severely crack down on criminal behavior and prevent the occurrence of criminal behavior. And legal direct marketing is not MLM, so it will not be punished Further information:
MLM originated in the United States in the late stage of World War II, took shape in Japan after World War II, and developed in China
In foreign countries, MLM and direct marketing have the same meaning, that is to say, there is only the concept of MLM in foreign countries. The main concept of foreign MLM is to use the word-of-mouth generated by customers' use of procts as the driving force, and let customers help dealers to promote procts and share part of the profits, that is, customer communication sales. This is different from the domestic concept of MLMhowever, in China's criminal law, pyramid selling (Chinese style pyramid selling) is a false company, a fictitious proct, and everything is empty. It just lets you pull your head and draw a small commission from the membership fee or franchise fee
or control personal freedom, confiscate property, so that you can't contact the outside world, learn those MLM training materials every day, so that you can learn how to cheat people, and then make a list, telephone or letter invitation, showdown, follow-up, until you pay the membership fee or franchise fee in various ways
Chinese MLM is built on the basis of mind control, that is to say, you can organize MLM spontaneously after brainwashing through their MLM training; Others will control your personal freedom, confiscate everything, and force you to accept these lies