Virtual currency live broadcast reward crime

1. May involve illegal fund-raising and pyramid selling and other related criminal crimes
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.

2.

It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity

it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested

with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational

extended information:

after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases

According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:

1

The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed

under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted

(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime

(2) the time limit for prosecution has expired

(3) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

3. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.

4.

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

5. For example, the game currency used in online games, in fact, is recharged with real currency, or the game reward (game equipment or level) you get for spending a lot of time and energy in the game. In a sense, it condenses your labor and forms the income of labor, so when others violate your virtual currency in the game, That is, it constitutes a crime
in the form of game fraud, game account theft, etc

6.

It's not illegal

For example,

1. the virtual currency represented by bitcoin is legal in China, which is defined as a special Internet commodity, and people can buy and sell freely at their own risk

2. but it is illegal to carry out pyramid schemes under the guise of bitcoin. Now to create a virtual currency trading platform, we must record the website and implement real name authentication for users

3. bitcoin is legal in most countries around the world, except that some small countries explicitly prohibit bitcoin

< / OL >


since 2003, the more popular virtual currencies are bitcoin, Laite coin, Fuyuan coin, doggy coin, Diablo coin, reborn coin and so on

7. First, virtual currency, such as bitcoin, or some game and network currencies, such as QB and some game gold coins, are all personal legal property. As long as an indivial legally obtains them, they will be protected
Second, transactions prohibited by the state, especially speculation and trading of the virtual currency are prohibited in China. However, banning trading does not mean that the virtual coin itself is illegal or worthless
for example, bitcoin, which China refuses to recognize as any regional chain block currency, also forbids trading and services, does not mean that bitcoin itself has no value. In the international trading system, bitcoin is recognized in some regions, And there is a corresponding value scale
when someone steals bitcoin or swindles bitcoin, the state will still treat it as theft or fraud, and the amount needs to be approved< At present, the transaction and pricing of virtual currency are prohibited in China, but the value and holding of virtual currency itself are not prohibited. As long as the currency is not defined as illegal, it is legal.
similarly, game currency is also recognized as legal property, but its transaction is prohibited by the state, which does not affect the corresponding legal liability caused by the infringement of virtual currency

8. The dressing of jewelry processing is to get a certain probability of gem from 5 parts of ore and destroy the ore at the same time. The following is the probability:

copper ore
required skills: 1
quantitative probability of mineral processing results
copper slag 1 100.0%
Malachite 1 50.0%
Huyan 1 50.0%
shadowstone 1 10.0%

required skills: 50
quantitative probability of mineral processing results
Tin slag 1 100.0%
Green Agate 1-2 35.0%
secondary Moonstone 1-2 35.0%
shadowstone 1-2 35.0%
Topaz 13.5%
jadeite 13.5%
cyanite 13.5%

iron ore
required skills: 125
number of mineral processing results Probability
iron slag 1 100.0%
Topaz 1-2 30.0%
jadeite 1-2 30.0%
secondary Moonstone 1-2 30.0%
cyanite 1 5.0%
Ruby 1 5.0%

mitag ore
required skills: 175
quantitative probability of mineral processing results
mitag slag 1 100.0%
Turquoise 1-2 30.0%
Ruby 1-2 30.0%
Topaz 1-2 30.0%
giant emerald 13.0%
sapphire 13.0%
big cat's eye 13.0%
Azeroth diamond 13.0%

silver ore
skills required: 250
/>Quantitative probability of mineral processing results
silver slag 1 100.0%
Ruby 1-2 30.0%
giant emerald 1-2 15.0%
sapphire 1-2 15.0%
big cat's eye 1-2 15.0%
Azeroth diamond 1-2 15.0%
gold delanite 12.0%
abyssal olivine Olivine 12.0%
flame clinopyroxene 12.0%
shadow Delaunay 12.0%
Blue Moonstone 12.0%
Blood Garnet 12.0%

Magic iron ore
required skills: 275
quantity probability of mineral processing results
Magic iron slag 1 100.0%
huangjinde Lenite 1-215.0%
abyssal olivine 1-215.0%
flame clinopyroxene 1-215.0%
shadow dryenite 1-215.0%
Blue Moonstone 1-215.0%
Blood Garnet 1-215.0%
limonite 11.0%
nighteye 11.0%
garnet Life Ruby 1 1.0%
Elune star 1 1.0%
rare Topaz 1 1 1.0%
high iron olivine 1 1.0%

hard steel ore
required skills: 325
quantitative probability of mineral processing results
hard steel slag 1 100.0%
gold delanite 1-2 20.0%
abyssal olivine 1-2 20.0%
flame clinopyroxene 1-2 20.0%
shadow draenite 1-2 20.0%
Blue Moonstone 1-2 20.0%
Blood Garnet 1-2 20.0%
limonite 12.5%
nighteye 12.5%
raw Life Ruby 12.5%
Elune star 12.5%
rare Topaz 12.5%
high iron olivine 12.5%

9.

On the evening of March 2, Ding Minghao (pseudonym), 24, who lives in Sartu District, logged into a live broadcast platform to watch the live broadcast. During the live broadcast, the female anchor performed very well and everyone gave her a reward

Ding Minghao also wanted to reward the female anchor, but the reward needed virtual gold coins, so he recharged some money. At this time, a stranger named "dagangzi" added him“ "Dagangzi" said that the live broadcast platform is now handling the activity of recharging and returning virtual gold coins, and asked Ding Minghao whether to do it

through wechat payment details, Ms. sun found that her bank card had two or three transactions on average every day, and the amount of each transaction varied, reaching 9500 yuan at most. The 250000 yuan suddenly disappeared, and Mrs. sun and his wife were puzzled. After that, her daughter appeared all kinds of abnormal behaviors. After repeated questioning, the 13-year-old daughter finally admitted that she stole her parents' mobile phone and bought a large number of "K coins" through an app to reward the network male anchor

10. The computer is always shut down by itself e to hardware reasons
[poor heat dissipation] the display, power supply and CPU generate a lot of heat ring work, so it is very important to maintain good ventilation. If the display overheats, it will lead to color, image distortion and even shorten the life of the display. Too long working time will also lead to poor cooling of power supply or monitor, resulting in computer crash. CPU cooling is an important issue related to the stability of computer operation, and it is also the "disaster area" of cooling failure

[improper movement] when the computer is moving, it is subject to great vibration, which often makes the internal parts of the machine loose, resulting in poor contact and computer crash. Therefore, violent vibration should be avoided when moving the computer

[st killer] too much st in the machine can also cause crash. If the floppy disk or CD-ROM laser head is contaminated with too much st, it will cause reading and writing errors, and even cause computer crash

[device mismatch] if the main frequency of the main board does not match the main frequency of the CPU, and the external frequency is set too high when the old main board is overclocking, the stability of operation may not be guaranteed, resulting in frequent crashes

[incompatibility of software and hardware] 3D software and some special software may not start or even install normally on some microcomputers, among which there may be problems in software and hardware compatibility

[memory mole failure] is mainly caused by loose memory mole, faulty soldering or the quality of memory chip itself. If there is a problem with the quality of the memory mole, it is necessary to replace the memory to solve the problem
[hard disk failure] is mainly caused by the aging of hard disk or bad channel and bad sector caused by improper use. In this way, the machine is prone to crash when it is running. The special tool software can be used for troubleshooting. If the damage is serious, the hard disk can only be replaced. In addition, for the motherboard which does not support UDMA 66 / 100, we should pay attention to the setting of hard disk operation mode in CMOS

[CPU overclocking] overclocking improves the working frequency of CPU, and at the same time, it may make its performance unstable. The reason is that the speed of CPU accessing data in memory is faster than the speed of exchanging data between memory and hard disk. Overclocking makes this contradiction more prominent and aggravates the situation that the required data can not be found in memory or virtual memory, which will lead to "abnormal error". The solution, of course, is to let the CPU return to the normal frequency

[memory mole failure] is mainly caused by loose memory mole, faulty soldering or the quality of memory chip itself. If there is a problem with the quality of the memory mole, it is necessary to replace the memory to solve the problem
[hard disk failure] is mainly caused by the aging of hard disk or bad channel and bad sector caused by improper use. In this way, the machine is prone to crash when it is running. The special tool software can be used for troubleshooting. If the damage is serious, the hard disk can only be replaced. In addition, for the motherboard which does not support UDMA 66 / 100, we should pay attention to the setting of hard disk operation mode in CMOS

[CPU overclocking] overclocking improves the working frequency of CPU, and at the same time, it may make its performance unstable. The reason is that the speed of CPU accessing data in memory is faster than the speed of exchanging data between memory and hard disk. Overclocking makes this contradiction more prominent and aggravates the situation that the required data can not be found in memory or virtual memory, which will lead to "abnormal error". The solution, of course, is to let the CPU return to the normal frequency

[hardware resource conflict] is an abnormal error caused by the setting conflict of sound card or display card. In addition, in case of interruption, DMA or port conflict of other devices, a few drivers may be abnormal, resulting in crash. The solution is to start in "safe mode" and make appropriate adjustment in "control panel" → "system" → "equipment management". For abnormal errors in the driver, you can modify the registry. Select "run", type "regedit", enter the registry editor, find and delete all "primary key" and "key value" related to the prefix string of the driver through the "search" function under the menu, and restart

[insufficient memory capacity] the larger the memory capacity is, the better. It should not be less than 0.5-1% of the hard disk capacity. If this problem occurs, the memory mole with the largest capacity should be replaced

[inferior parts] when assembling compatible machines for customers, a few illegal businessmen use inferior boards and memory, and some even sell counterfeit motherboards and marked CPUs and memory. Such machines are very unstable in operation, and it is inevitable that they crash. Therefore, users should be vigilant when purchasing the machine, and can test the computer with some relatively new tools and software, continuously test the machine for a long time (such as 72 hours), and strive for as long as possible warranty time
crash caused by software

[virus infection] the virus can make the computer work efficiency decline sharply and cause frequent crash. At this time, we need anti-virus software such as kv300, Jinshan Duba, Ruixing, etc. to conct a comprehensive anti-virus inspection and update the anti-virus software regularly

[improper CMOS setting] this fault phenomenon is very common, such as improper hard disk parameter setting, mode setting and memory parameter setting, resulting in the computer unable to start. If the memory without ECC function is set to have ECC function, it will crash e to memory error

[mistakenly deleting system files] because Windows 9x needs command.com, io.sys, msdos.sys and other files to start, if these files are damaged or mistakenly deleted, even if the hardware settings in CMOS are correct, it is useless. Solution: use the startup disk of the same version of the operating system to start the computer, and then type "sys C:" to retransmit the system files

[initialization file is damaged] because system.ini, win.ini and registry files need to be read when Windows 9x starts, if there are config.sys and autoexec.bat files, they will also be read. As long as there are error messages in these files, they may crash, especially system.ini, win.ini, user.dat and system.dat

● the main causes of windows system shutdown failure are as follows:
the selected sound file when exiting windows is damaged; Incorrect configuration or damaged hardware
BIOS configuration settings are not compatible; The settings of "advanced power management" or "advanced configuration and power interface" in BIOS are not appropriate; No IRQ is assigned to the video card in real mode; A program or TSR program may not be closed correctly; An incompatible, corrupt, or conflicting device driver was loaded, and so on<

● fault analysis and solution
● 1. When you exit windows, the sound file is damaged
first, you can determine whether the "exit windows" sound file is damaged; Open control panel, open sound, and cancel the exit windows sound. If windows closes normally, the problem is caused by quitting the sound file. To solve this problem, you can restore the sound file from the backup or re install the program that provides the sound file. You can also define "quit windows" as silent

● 2. Fast shutdown is abnormal
fast shutdown is a new function in Windows 98, which can greatly rece the shutdown time, but it is not compatible with some hardware, which may cause the computer to stop responding. You can run "msconfig" to disable quick shutdown in the "advanced" option. If the computer can be shut down normally, it means that the hardware device is incompatible

● 3. Pay attention to the "advanced power management"
in addition, the "advanced power management (APM)" function on the computer can also cause shutdown or black screen problems. To determine whether APM will cause shutdown problem, you can open "device manager" and "system device". Cancel the enable power management selection in advanced power management. If the computer is shut down normally, the cause of the problem may be APM<

● 4. Start and shut down fault
we often encounter such faults as "you can safely shut down the computer" when windows just starts, or shut down immediately or restart when it starts. Generally speaking, this kind of failure is caused by the damage of wininit.exe or vmm32.vxd file. The solution is to re extract these two files from the WINDOWS installer package. Put in Windows & # 92; Under the system subdirectory, change the name of vmm32.vxd to vmm32.xxx for backup, then open "system tools" and select "system information"“ Select "extract a file from the installation disk" and enter "wininit. Exe" or "vmm32. VxD". Repeat this step to replace the file wininit.exe or vmm32.vxd

● 4. There is a problem with config.sys or autoexec.bat
extract a file from the installation disk. In addition, you can check whether there is a conflict in the config.sys file or autoexec.bat file. Check the contents of these two files with a text editor to see if there are rendant commands. You can also use "REM" to prohibit the execution of some statements and graally exclude them until you find conflicting commands

● 5. Check the CMOS settings
if the CMOS settings are not correct, it will also cause the computer shutdown problem. You can go to the CMOS settings page when the computer starts up, and focus on checking whether the CPU external frequency, power management, virus detection, IRQ interrupt switching, disk startup sequence and other options are set correctly. You can refer to your motherboard manual for the specific setting method. There are very detailed setting instructions on it. If you really don't understand its setting, it is recommended that you directly use the factory default settings.