Conviction and sentencing of digital currency

1. digital currency can only be trusted if it is issued by the state, and this kind of exchange that deceives consumers should be punished

2. A number of victims of virtual currency fraud cases distributed all over the country said that they were refused to file a case when reporting to the local police because virtual currency could not be valued and could not reach the starting loss amount of theft or fraud. This situation may be affected by the announcement on preventing the financing risk of token issuance issued by seven ministries and commissions on September 4, 2017 (hereinafter referred to as the announcement). Generally speaking, fraud and other crimes of infringing property rights have the starting point of "large amount" According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases, indivials who defraud public or private property of more than 2000 yuan belong to "large amount". However, the announcement clearly pointed out that "any so-called token financing trading platform shall not provide pricing, information intermediary and other services for token or virtual currency." Therefore, it is difficult for the public security organs to recognize the price of virtual currency displayed on the trading platform, and to estimate the value of virtual currency when the victims encounter virtual currency fraud, so as to determine whether the case meets the filing standard.

3.

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 cases

stealing 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 way

first 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 future

finally, 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

4. Generally, the crime of fraud is a solid punishment. Although you have returned the money you defrauded and the other party has written a letter of understanding, it does great harm to the society and can be reced in the term of imprisonment.

5. This sentence should be sentenced, because this kind of thing is a very serious fraud.

6. The height control panel depends on guessing and playing with digital currency BTC etc. other currencies are personal and may return to zero one day. Return to zero, you can check non small!

7. Although the country is reforming the digital currency, it has not been formally implemented, so it has created a certain environment for swindlers. Besides, the company's equity certificate is only a written certificate in the form of a person's investment in the company, the number of shares he owns and the corresponding rights and obligations, but is the company a regular company? Even if the company is formally registered, is the company's capital subscribed or paid in< After all, equity certificates are not investment certificates.

8. It's 2021. Have you heard of bitcoin? Bitcoin received a lot of attention as soon as it was put forward at the end of 2008, and its development is in full swing after its official birth in 2009. As a virtual cryptocurrency, the essential difference between bitcoin and other virtual currencies is its scarcity and limitation. So, based on such characteristics, how to make bitcoin money

after a lot of data analysis and practical experience, as far as the current situation is concerned, leasing mining bitcoin is the most effective way to make money

why rent mining machines

this is because the efficiency of our personal money digging is too low. Other people are walking like a snail, so we need to expand our computing power by leasing mining machine contracts, so as to achieve the goal of easier money digging<

firstly, select the platform to register

bitcoin as the virtual digital currency, which needs to be registered and registered with the help of the platform supporting bitcoin transaction, in order to generate income from mining. It should be noted that it is very important to choose the right platform, which is directly related to the smooth progress of bitcoin trading and transfer. The survey found that the comprehensive strength of nashayun mine is relatively strong. For the convenience of operation, the mobile phone can be used directly to the mine< br />


mining equipment must be excellent

if you want to dig bitcoin, you must have professional equipment and excellent ability. As I have just said, the ability of indivial mining is very limited. Leasing mining machines is more profitable than the traditional model. At the same time, it requires mining machines to give full play to computers and other equipment. The mining machinery in nashayun mine is relatively comprehensive, with different cycle mining machinery modes to choose from. One click payment, direct start, safe, reliable and guaranteed< br />


why not keep mining profits for yourself

leasing mining machinery requires cost investment. We need to rent mining machinery at a more favorable price in order to have a richer working capital. If you don't sell the cloud computing power contract, you will have to use your own capital to buy more mining machines. It can be seen that only leasing enough mining machines can ensure the continuous output of bitcoin

that Sha Yun mine has long term welfare activities, for example, the cash recharge of 5000 yuan or more can be repaid by 2% from the bank account. The bank's payment can be used: online bank transfer, mobile phone bank transfer, WeChat transfer bank card, Alipay transfer bank card or ATM cash deposit company bank account. The amount of cash back can be withdrawn directly)<

what is the conviction and sentencing of minor traffic accident crime
generally speaking, only when you are an alt and have reached the age of 16 can you constitute a traffic accident crime, but not under the age of 16
driving by minors is not a crime in itself, but it must be driving without a license. Minors and informed owners and guardians should be punished by the road traffic safety law
If a minor has drunk driving and other behaviors, he or she will be suspected of dangerous driving. If a major accident is caused by violating traffic regulations, he or she may be suspected of traffic accident. He or she should be convicted and sentenced according to the specific circumstances. A minor should be given a lighter punishment. A minor under the age of 16 does not need to bear criminal responsibility for the above crimes
If a minor drives a vehicle and causes losses to a third party, the guardian of the minor shall bear the civil liability for compensation
legal provisions related to minor traffic accidents< According to Article 99 of the road traffic safety law of the people's Republic of China, those who commit any of the following acts shall be fined not less than 200 yuan but not more than 2000 yuan by the public security traffic management department
(1) driving a motor vehicle without a motor vehicle driver's license, ring the period when the motor vehicle driver's license is revoked or suspended
(2) giving a motor vehicle to a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or suspended for driving< (3) escaping after causing a traffic accident, which does not constitute a crime< (4) the driving speed of a motor vehicle exceeds 50% of the prescribed speed per hour< (5) forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations and motor vehicle safety driving requirements, causing a road traffic accident, which does not constitute a crime< (6) those who violate the traffic control regulations by force and refuse to be dissuaded< (7) intentionally damaging, moving or altering traffic facilities, causing harmful consequences, but not constituting a crime< (8) illegally intercepting or detaining motor vehicles without listening to dissuasion, causing serious traffic jams or heavy property losses
if the perpetrator has one of the situations mentioned in Item 2 and item 4 of the preceding paragraph, his motor vehicle driving license may also be revoked; Under any of the circumstances mentioned in Items 1, 3, 5 to 8, a person may also be detained for not more than 15 days
traffic accident crime Article 133 of the criminal law of the people's Republic of China stipulates that anyone who violates the laws and regulations on traffic and transportation administration and thus causes a major accident, causing serious injury or death to a person or heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after causing a traffic accident or if there are other especially bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If death is caused by escape, he shall be sentenced to fixed-term imprisonment of not less than seven years
dangerous driving crime; According to Article 22 of the eighth amendment to the criminal law and article 133-1 of the criminal law“ Whoever drives a motor vehicle on the road in pursuit of competitive driving, if the circumstances are abominable, or drives a motor vehicle drunk on the road, shall be sentenced to criminal detention and shall also be fined. Whoever commits the act mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions on heavier punishment.

9. It's hard to say. It depends on the situation, but it's better to consult. Under normal circumstances, it is difficult to recover the money encouraged to invest, but special circumstances are not ruled out
we need to be cautious about digital currency investment in the market. It is suggested to pay attention to bitcoin, Leyte, DCT and other mainstream digital currencies.