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Is network virtual currency property

Publish: 2021-05-01 19:16:15
1. Of course, this is illegal. Online game virtual currency belongs to personal property and is protected by Chinese law
of course, bitcoin, Ruitai coin, Laite coin and vitality coin also belong to the category of virtual property and are protected by law.
2. The object of virtual currency legal relationship is a small amount of funds transfer. This is not only our country, but also the blank part of the world's law. Encountering such economic disputes, we can only use laws similar to gambling law. At present, there are reports that the central bank may enter this field, which may lead to the improvement of the law.
3. According to the official reply of the State Administration of Taxation on the issue of indivial income tax on the income of indivials from buying and selling virtual currency through the Internet (GSH [2008] No. 818), the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of indivial income tax, The indivial income tax shall be calculated and paid according to the item of "income from property transfer". The original value of an indivial's property in selling virtual currency is the price and related taxes paid for his purchase of network virtual currency. If an indivial is unable to provide evidence of the original value of his property, the original value of his property shall be verified by the competent tax authorities.
4.

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

5.

Bitcoin is an Internet virtual asset

unlike all currencies, bitcoin does not rely on a specific currency institution to issue. It is generated by a large number of calculations based on a specific algorithm. Bitcoin economy uses a distributed database composed of many nodes in the whole P2P network to confirm and record all transactions

and use the design of cryptography to ensure the security of all aspects of money circulation. The decentralized nature and algorithm of P2P can ensure that it is impossible to artificially manipulate the value of bitcoin through mass proction

the design based on cryptography can make bitcoin only be transferred or paid by the real owner. This also ensures the anonymity of money ownership and circulation transactions. The biggest difference between bitcoin and other virtual currencies is that the total amount of bitcoin is very limited and it has a strong scarcity

extended data:

currency features:

1. Decentralization: bitcoin is the first distributed virtual currency, and the whole network is composed of users without a central bank. Decentralization is the guarantee of bitcoin's security and freedom

2. Global circulation: bitcoin can be managed on any computer connected to the Internet. No matter where you are, anyone can dig, buy, sell or collect bitcoin

3. Exclusive ownership: private key is needed to control bitcoin, which can be stored in any storage medium in isolation. No one can get it except the user himself

4. Low transaction cost: bitcoin can be remitted free of charge, but a transaction fee of about 1 bitfen will be charged for each transaction to ensure faster transaction execution

5, no hidden cost: as a means of payment from a to B, bitcoin has no cumbersome limit of quota and proceres. If you know the other party's bitcoin address, you can pay

6. Cross platform Mining: users can explore the computing power of different hardware on many platforms

6. Virtual currency is a legal virtual asset, which is protected by law. In China, virtual currency is defined as a special Internet commodity by the central bank. People can buy and sell it freely at their own risk, but it denies its monetary attribute. Bitcoin, Ruitai coin, Laite coin and doggy coin all belong to a kind of virtual currency and can also be regarded as a kind of virtual asset.
7. Virtual currency is a legal virtual asset, which is protected by law. In China, virtual currency is defined as a special Internet commodity by the central bank. People can buy and sell it freely at their own risk, but it denies its monetary attribute
bitcoin, Ruitai coin, Laite coin and doggy coin are all virtual currencies and can be regarded as virtual assets.
8. This is a controversial question, and we can't get a yes or no answer at present
although the criminal code does not explicitly include virtual property, there are many cases of infringement of citizens' virtual network property in practice. The final results of these cases are different, which reflects the different positioning and cognition of the network virtual property in the field of criminal law. In the online theft case of Shanghai Huangpu District People's Procuratorate v. Meng Dong and he Likang, published in the bulletin of the Supreme People's court, it is clear that if the virtual behavior carried out by the actor through the network causes harm to the object protected by the criminal law in real life and constitutes a crime, he should be punished; Some people think that it constitutes a crime of infringing the freedom of communication. The people's Court of Nanshan District, Shenzhen City, Guangdong Province (2006) Shen Nan FA Xing Chu Zi No. 56 ruled that Zeng Zhifeng and other people's behavior of secretly stealing other people's QQ numbers to sell profits constitutes a crime of infringing the freedom of communication; Others think that the equipment, gold coins and other items in online games are virtual property, and their legal attribute is computer information system data, which does not belong to the property protected by China's criminal law; There are also views that should be classified, for network identity authentication information theft should be identified as illegal access to computer information system data crime, for theft of virtual currency and virtual objects should be identified as theft
at the same time, it is worth mentioning that although there are differences in the criminal trial, the infringement of citizens' online virtual property, to a certain extent, violates the relevant provisions of the criminal law, and can certainly be investigated for criminal responsibility.
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