Virtual property and virtual 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
virtual property refers to the narrow sense of digital and non materialized property forms, including a series of information procts such as online games, e-mail, network paging, etc. Including the character image formed in the long-term virtual life, which can not be converted to the virtual property in real life and the narrow sense of digital and non materialized property form, it includes a series of information procts such as online games, e-mail, network paging, etc. However, e to the prevalence of online games, virtual property to a large extent refers to the property existing in the online game space, including the level of game account, game currency, various equipment owned by game characters, etc. these virtual property can be converted into real property under certain conditions.
virtual currency and electronic currency are not the same concept
the definition of e-money is to convert a certain amount of cash or deposit from the issuer and obtain data representing the same amount. By using some electronic methods, the data can be directly transferred to the payment object, so as to pay off the debt. E-money means that consumers pay traditional money to issuers of e-money, and issuers store legal money of equal value with traditional money in electronic devices held by consumers
electronic currency is the electronization of the legal tender, including our common bank cards, Internet banking, electronic cash, etc., as well as the third party payment developed in recent years, such as Alipay, fortune paid and so on. No matter what form these electronic currencies are and through which institutions they circulate, their original source is the legal money issued by the central bank
but virtual currency is the electronization of illegal currency, and its original issuer is not the central bank. For example, Tencent Q currency and other game currency, such virtual currency is mainly limited to circulation in a specific virtual environment. After the emergence of bitcoin, through the blockchain technology to better solve the problem of decentralization, distrust, to achieve global circulation, is sought after in the world. Electronic currency and virtual currency are collectively referred to as digital currency
(1) virtual currency based on entity
since ancient times, all "money" made of paper is called paper currency, and all countries in the world are actually paper currency. In Marx's time, paper money was only a symbol of metal money. The actual gold content of paper money was equal to the nominal gold content. When the nominal gold content was greater than the actual gold content, the price index of metal money would increase because of too many paper money. When it exceeded a certain limit, inflation would occur. Marx called these over issued bank notes without gold as guarantee virtual currency. In Keynesian era, paper money was the symbol of GDP. He defined the issue of paper money caused by making up the fiscal deficit as deficit money, and believed that the issue of paper deficit money could promote the development of proction to a certain extent, but only cause half inflation. Zhang chunjia's research in "Introction to virtual currency" also proves that paper money without precious metal and GDP guarantee will cause price rise, and this kind of money is called virtual currency
(2) virtual currency based on virtual
virtual currency is a new type of currency emerging at a certain stage of network social and economic development to meet the security and convenience needs of users. It represents the development direction of future currency existence form. It comes from the Internet, and acts as a general equivalent in the network society completely or partially. Virtual currency is a real currency with the basic attributes of currency, but it is virtual and depends on the network virtual environment. Virtual currency is born without borders, which makes it more liquid than traditional currency in the world. Virtual world corresponds to the real world. Through the exchange relationship between virtual currency and traditional currency, under certain conditions, specific virtual currency can buy physical goods, and traditional currency can also buy specific virtual goods< Second, the characteristics of virtual currency
1. Value: users get utility value by consuming the procts and services provided by operators. Virtual currency has value by providing exchange to meet the utility of consumers. The quantity of virtual currency measures the value of general goods. The issue essence of virtual currency is credit issue, which is the creditor's right of the holder to the issuer. To a certain extent, the value of this kind of claim is the right of claim
2. Virtual environment dependence. The existence of virtual currency is based on the virtual economic environment provided by the issuers and the sustainable operation of the issuers themselves. Otherwise, virtual currency has no significance.
3. Short sighted currency. As the highest price in the process of commodity exchange, the form of currency value can be regarded as the real currency. Because of the limitation of circulation scope, virtual currency can not be used as the general equivalent of all commodities; But in a certain range, it has the function of monetary value scale and circulation means. Therefore, it can be considered that virtual currency is similar to the form of money value, and it is a primary form of money, which is similar to money< The issue and circulation of virtual money is limited, but it will enlarge the money supply through the money multiplier effect, and affect the difficulty and accuracy of macroeconomic regulation and control. The issuers of virtual money need to report their circulation and circulation to the central bank, and obey the unified management of the central bank at any time
5. Virtual currency, which is issued by non-financial entities outside the financial system, aims to obtain business opportunities and competitive advantages. It is a market behavior and will inevitably lead to competition among issuers. This kind of competition will proce unfair competition behavior or obtain competitive advantage through rent-seeking, which determines the need to regulate the market behavior of the market subject according to the laws and regulations
6. Virtuality: as a kind of approximate currency, virtual currency is virtual existence if it only exists in the virtual world and can purchase the virtual property in it; If it is linked with sovereign currency, it can exist in the real world and purchase real assets, then it is a virtual thing of sovereign currency. Virtual currency is actually a series of data files existing in the computer system. It has the meaning of virtual currency only after the issuers explain the system. Therefore, the existence form of virtual currency is virtual< In general, virtual currency can purchase the procts and services provided by the issuers, and it can also be exchanged with the issuers outside the scope of issuance at a certain rate to purchase the procts of the alliance. For procts outside the alliance, virtual currency has no value significance; Similarly, when virtual currency is only authorized to buy different procts in different sales cycles, the use of virtual currency has limited application in time and scope, unlike sovereign currency, which can be completely freely exchanged
8. Separability: virtual currency has no physical form and is a digital storage information. Unlike traditional paper currency, it needs to consider the balance relationship between the circulation of main currency and subsidiary currency and the proportion of various currency values. It can be split infinitely. For example, although the total number of dark coins is only 2300, each bitcoin can be split into eight directions of ten< Although virtual currency exists in the virtual world, the process of new technological revolution has closely linked the virtual world with reality, and the virtual world has become an important part of people's spiritual life. It can promote the development of real economy, for example, a large number of entertainment application projects provide people with rich spiritual wealth and real wealth, and more and more people invest in virtual currency, which represents a trend, and the more successful ones are bitcoin, Leyte coin and the new domestic King coin; On the contrary, money laundering, gambling and network theft in the virtual world will have a negative effect on the real economy.
China does not have the first legal virtual currency. At the end of 2013, the central bank and other five ministries and commissions issued the bitcoin risk notice, which clearly defined bitcoin as a special Internet commodity, and the public can buy and sell it freely on the premise of taking their own risks
other digital confidential currencies are also suitable, such as Laite coin, the ancestor of Shanzhai coin, Fuyuan coin for business points in jewelry instry, dog coin for small reward, etc. But although virtual currency exists legally in our country, it is illegal to cheat under the guise of virtual currency
extended data
as the proct of e-commerce, virtual currency has begun to play an increasingly important role, and it is more and more connected with the real world. However, with the growth of virtual currency, the relevant laws and regulations are lagging behind, which has laid many hidden dangers
fraud
the private transactions of online virtual currency have realized the two-way circulation between virtual currency and RMB to a certain extent. The activity of these traders is to buy all kinds of virtual currencies and procts at a low price, and then sell them at a high price to earn profits. With the increase of such transactions, there are even virtual mints
in addition to the virtual currency provided by the main company, there are also some people who specialize in "virtual coin making" to obtain virtual currency by playing games and then resell it to other players. Take Wenzhou as an example, there are about seven or eight such "virtual mints" with four or five hundred practitioners. This not only creates a bubble for the price of the virtual currency itself, but also causes trouble for the normal sale of the issuing company. It also provides a platform for selling and collecting money and money laundering for various cyber crimes. p>
impact system
in modern financial system, the issuers of money are generally central banks, which are responsible for the management and supervision of money operation. As the equivalent exchange goods used to replace the real currency circulation on the Internet, the virtual currency on the Internet is essentially the same as the real currency. The difference is that the issuers are no longer central banks, but Internet companies
if the development of virtual currency makes it form a unified market, each company can exchange with each other, or virtual currency is integrated and unified, and all of them are based on the same standard and price, then in a sense, virtual currency is currency, which is likely to form a threat impact on the traditional financial system or economic operation
network problems
in addition to direct cash, virtual currency can also be purchased by SMS, internet transfer and fixed telephone recharge. These ways of purchase not only provide convenience for users, but also have many risks
such as embezzlement of telephone recharge and purchase by minors. In addition, virtual currency does not have the anti-counterfeiting technology of real currency. Computer hackers may use its security loopholes to proce counterfeit currency. Relevant personnel of the State Administration for Instry and Commerce said that virtual currency transaction is a business behavior derived from the Internet era, and there are no clear legal provisions to regulate it, and there are no items related to virtual goods transaction in the scope of instrial and commercial registration
but when the virtual property transaction graally employs people, places are fixed, transaction profits are clear, and has the nature of operation, it may involve market order and tax issues. Even game operators have no ability to control. There are a large number of "counterfeit banknote makers" in the network. Take the winger who is mainly engaged in chess and card online games as an example, the purchasing power of his online currency has shrunk by nearly 40% in one year. Many people point out that such inflation will only damage netizens and make them lose confidence in the Internet
reference source : network virtual currency
1. Process: it is equipped with the latest generation of 5nm manufacturing process to bring the strongest processor performance to users. The 5nm manufacturing process brings the most top technology, cost and functional performance requirements
2. Core: the three cluster architecture of super core + big core + small core is used, in which the super core is cortex x1, the big core is cortex A78, and the small core is cortex A55
3. Experience: Super core cortex-x1 has 1MB L2 cache, while A78 has 256Kb L2 cache, which can give you better performance experience,
brings the strongest architecture for users at present, with A78 20% higher in performance and machine learning 100% higher in performance
4. Optimization: for game optimization, provide users with variable coloring rate, It can improve the performance by 30%
5. Other aspects: for other aspects of the game, 144hz high refresh rate / high frame rate, true 10 bit HDR, surreal enhanced image quality, fast mixing,
GPU driver update, Xbox cloud / Google stadia / Amazon Luna cloud game, etc<
second place: snapdragon 870
1. Process: 1 * 3.19ghz + 3 * 2.42ghz + 4 * 1.8GHz eight core configuration,
2. Architecture: one large core and three medium cores adopt a77 architecture, and four small cores adopt a550 +
3. Other aspects: the GPU of snapdragon 870 is the frequency upgraded adreno650, and the baseband is still x55 modem< GPU: the performance of the new generation kryo 585 CPU is improved by 25%, and the overall performance of the new Adreno 650 GPU is also improved by 25% compared with the previous generation platform
5. Experience: it brings 7Nm proction technology, which brings the best mobile phone performance experience for users
6. Pixel: 1 billion pixel high-speed ISP, processing speed up to 2 billion pixels per second, supporting new shooting features and functions
7. Video: users can take 4K HDR video with 1 billion colors, 8K video or capture photos up to 200 million pixels<
third place: snapdragon 865
1. CPU: new kryo 585 architecture, up to 2.84ghz
2. GPU: with Adreno 650, the performance is 25% higher than that of snapdragon 855
3. With snapdragon x55 5g baseband, it can support up to 7.5gbps download speed and WiFi 6 protocol
4. It adopts the fifth generation AI engine and supports the computing power of 15 tops
5. It supports lpddr5 memory, 144hz screen refresh rate, 200 megapixel camera, 8K 30 frame video recording and 960 frame slow motion shooting
6. The main frequency of CPU is consistent with snapdragon 855. The new cortex-a77 architecture should have about 20% performance improvement according to the official data of arm
7. GPU is 25% higher than snapdragon 855, and the overall performance is 20% higher. Lpddr5 memory is also a bonus
fourth place: snapdragon 855 +
1. Both snapdragon 855 and snapdragon 855 + CPU adopt the same architecture kyro485. The difference is that their large core frequency is different. The large core frequency of 855 + is 2.96ghz higher than that of 855< In terms of GPU, 855 and 855 + are both adreno640, but their frequencies are also different. The frequency of 855 + is 672mhz, while that of 855 + is only 585mhz. The graphics ability of 855 + is 15% higher than that of 855
3. The same 7Nm process, both of them adopt the 1 + 3 + 4 8-core design. Except for the different frequencies of the large cores, the frequencies of the other 7 small cores remain unchanged< So in theory, snapdragon 855 + has stronger mononuclear ability
5. The iqoo equipped with Xiaolong 85 and Nubia z20 equipped with Xiaolong 855plus are compared. According to the running points, the actual performance of Xiaolong 855 + is more than that of Xiaolong 855 in both single core and multi-core performance. The actual performance of 855 + is still better than that of 855
fifth place: Xiaolong 855
1 CPU: the memory delay is higher than that of the Kirin 980, but the overall performance of the CPU is still slightly higher than that of the Kirin 980. The performance of specint2006 is 51% higher than that of the 845, and the CPU energy efficiency ratio is 39% higher than that of the 845. In specfp2006, it is 61% higher than that of the 845, and it is 4% and 9% higher than that of the Kirin 980. Although the highest core reaches 2.85ghz, the energy efficiency is still excellent
2. AI: after the blessing of hexagon 690, compared with 845, AI performance has been greatly improved, which is about 2.5-3 times that of 845
3 and application: it is not awesome in terms of system application performance, stronger than 845, but weaker than 980, official expression may be the relationship of scheling on the engineering machine, and the official commercial equipment will be improved. GPU: the peak performance of Adreno 640 GPU is still far behind A12, but the energy efficiency ratio is good. The average power consumption of off screen rendering of gfxbench3.1 is 4.44w. In terms of energy efficiency, the peak state of A12 is 17.36fps/w, the down frequency state is 20.18fps/w, 855 is 16.05fps/w, 845 is 11.99fps/w, 980 is 11.93fps/w, and the overall energy efficiency ratio is 30% higher than 845<
sixth place: snapdragon 845
1. Snapdragon 845 still adopts eight cores of 10nm process, which is the most advanced technology in the market. Compared with snapdragon 835, it has made improvements in both large and small cores. The four cores are A75 architecture and the four small cores are A55 architecture
2. At the same time, snapdragon 845 introces a new security processing unit SPU, while GPU adopts Adreno 630, which improves the overall efficiency by 25% - 30% compared with Adreno 540 of snapdragon 835
3. Snapdragon 845 is equipped with 5g frequency regulator; In terms of overall performance, 845 is 20% - 25% better than 835
4. Snapdragon 845 supports Gigabit LTE connection through X20 LTE modem, and supports 2x2 al channel Wi Fi and 4x4 MIMO technology, providing more stable and faster network connection for players<
seventh place: snapdragon 730g
1. The multi-core performance of snapdragon 730g processor is not as good as that of snapdragon 845 processor, and the single core performance is better than that of snapdragon 845 processor. Each processor has its own victory or defeat
2. Snapdragon 730g has built-in CPU with kryo470 architecture, which is built by instry-leading 8nm process technology
3. Snapdragon 730g integrates frequency enhanced adreno618gpu, which makes its graphics processing performance 25% higher than snapdragon 710 and graphics rendering speed 15% higher than snapdragon 730. The g of snapdragon 730g refers to game
4. The snapdragon 730g also supports some of the snapdragon elitegaming functions, which can bring more amazing game screen effects
5. Snapdragon 730g also supports qcommaqstic audio technology, which can bring clear and smooth surround sound<
eighth place: snapdragon 730 AIE
1. 730 has surpassed 835 as a whole. If the price control is in place, it will be a god u, which can replace 835 in all aspects. 730 Angou has exceeded 835
2. Snapdragon 730 chip is made by 8nm process. According to Angou's running score test, Lenovo Z6's running score is as high as 200000, And Master Lu's running score is 250000
3. Xiaolong 730g is equipped with the enhanced version of Adreno 618 GPU (supporting Vulkan version 1.1), and its performance is 15% higher than the ordinary version of Xiaolong 730
4. With the support of the new A76 architecture, the CPU performance of snapdragon 730g has caught up with that of snapdragon 845 with only two A76 cores, and the daily application experience is very smooth
5. The CPU frequency of snapdragon 730g is 2.4GHz, and the GPU frequency is 825mhz; The main CPU frequency of snapdragon 730 is 2.2GHz, and the main CPU frequency is 700MHz. This means that the CPU and GPU frequency of snapdragon 730g is higher than that of snapdragon 730<
No.9: snapdragon 765G
1. Compared with the previous generation snapdragon 730 processor, the main frequency of snapdragon 765G is increased to 2.4GHz, adopting the architecture of 1 * kryo 475 prime (2.3 / 2.4GHz) + 1 * kryo 475 gold (2.2GHz) + 6 * kryo 475 silver (1.8GHz)
2. The processor adopts the 7Nm EUV process manufactured by Samsung, which reces the power consumption by 35% compared with the 8nm snapdragon 730. The GPU is upgraded to the Adreno 620
3. Snapdragon 765G supports up to 192mp pixels, single shot 3600W pixels and zero delay shooting, which is equivalent to the previous generation's level. It supports Bluetooth 5.0, WiFi 6 and 120Hz refresh rates, and AI 5.5tops
4. The most important feature of snapdragon 765G is that it integrates snapdragon x525g baseband and and supports SA / NSA al-mode networking. Its theoretical maximum peak download rate is as high as 3.7 Gbps and upload rate is 1.6 Gbps. At the same time, it also supports 5g millimeter wave, band below 6GHz, global 5g roaming, WiFi 6 and other features<
No.10: snapdragon 765
1. Snapdragon 765 adopts kryo 475 CPU, with a maximum dominant frequency of 2.3ghz; The Adreno 620 GPU is 20% faster than the previous generation< 2. The fifth generation AI engine adopts hexagon 696 tensor processor; Spectrum 355 ISP supports up to 192 megapixel camera, 480fps 720p slow motion video capture and 4K HDR video capture capability
3. Built in X52 modem, it supports millimeter wave, TDD and FDD band below 6GHz, and can achieve 3.7 Gbps download peak and 1.6 Gbps upload peak.
some time ago, the state has begun to legislate on digital currency, including QQ currency, bitcoin, Ruitai currency and other virtual properties.
1. Objective immateriality. In reality, users only own or use a small part of the storage space on online games or other forms of servers, and the data recorded in these spaces only play the role of carriers. In the virtual architecture world, the white virtual human and its equipment, currency, pets and other forms, and these virtual properties are obviously invisible, In other words, it is objective and immaterial
2. Controllability. Virtual property is the result of players' hard training, "forehead is not a batch of sweat", and players can give these virtual property by friendship behavior, or transfer it by various legal acts, which is common in reality
3. Limited space. The value of virtual property is reflected in the specific virtual architecture world environment, that is, the virtual environment built by operators using their servers. If the virtual property in this game exists, another online game, or another server, or other operators, as well as in real life, is of no value
4. Limited time. With the end of online games, virtual property has lost its value
5. Limited quantity. The equipment, pets and other virtual property in online games are all programs written by developers. They are not infinite, but limited
6. Modifiable. As players participate in online games time and investment, online game account related parameters are changing, which is the fun of online games, but also one of the reasons why it quickly swept the world
7. Transactional. It is precisely because the relevant parameters of the online game account are variable, so it can be traded, transferred and transferred. Just like houses in real life, the index of one ID can be added to another ID through the transfer
8. Giving. This parameter is related to the investment and time of the players. It can also be improved by entrusting other players to practice. It can also be directly purchased from other players' equipment or obtained from online games
9. Measurement. Virtual property is quantifiable. In reality, there are standards provided by operators, as well as self-defined standards for offline transactions. Many private websites even provide the exchange rate of virtual currency to real currency
10. Uniqueness. Those who are familiar with online game technology should know that every ID and equipment in online games are unique. Even if they are identical equipment, their source code is different