Is virtual currency legal in overseas market
It is illegal to issue virtual currency privately
According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues 
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virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
market formation
the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time
With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imaginethe traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being
from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage
e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere
with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal
reference source: Network: virtual currency
In 2013, the people's Bank of China issued the notice on preventing bitcoin risks. Later, it was reported that the people's Bank of China had an interview with more than 10 third-party payment companies, explicitly requiring them not to provide payment and clearing services to bitcoin, lightcoin and other trading websites. The price of bitcoin in China has dropped all the way from about 7000 yuan to 3300 yuan. More analysis says that bitcoin will withdraw from China. Is that true
However, at present, the security risks of bitcoin have not been fully exposedthe overall risk increases
it must be admitted that the government's increased supervision leads to the further increase of the risk of bitcoin trading
moreover, the transaction threshold is obviously higher than before
In essence, as a means of investment, the risk of bitcoin is self-evident. If there is no final person to take over the offer, even if bitcoin is in short supply, it lacks real value and only has limited online use value. If you can't find the last recipient, bitcoin will probably disappear like a bubble. p>There are two reasons for the prohibition of virtual currency trading by the state:
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond everyone's control. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code
bitcoin and other so-called "virtual currencies" lack a clear value basis, the market is full of speculative atmosphere, the price fluctuates violently, and investors blindly follow suit, which is easy to cause capital losses
2. Evade supervision and become the "accomplice" of criminal activities:
bitcoin is popular as a payment tool in the so-called "dark web" world“ The "dark net" is full of all kinds of serious criminal activities. One of the original intentions of the invention of bitcoin is to evade regulation. It has the characteristics of anonymity and convenient cross-border flow, and has become the preferred tool of "underground economy"
the existence of bitcoin and exchanges and other instrial chains has constructed a illegal financial market for asset transfer and financing in addition to legal currency, increased the difficulty of regulatory authorities in managing financial security and stability, and promoted regulatory arbitrage and financial crimes. The risks and social security risks it brings to the financial market are far higher than its innovative value
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virtual currency transactions are not protected by law:
according to the notice on preventing bitcoin risks issued by the people's Bank of China and other departments on December 3, 2013 and the announcement on preventing financing risks of token issuance issued by seven ministries and commissions including the people's Bank of China on September 4, 2017, virtual currency is not issued by monetary authorities, It is not a real currency because it does not have the monetary attributes of legal compensation and compulsion
in terms of nature, virtual currency should be a specific virtual commodity, which does not have the same legal status as currency, and can not and should not be used as currency in the market. Although citizens' investment and trading in other virtual currencies are personal freedom, they can not be protected by law
is different from Alipay, WeChat and other electronic payment. digital currency is a brand new digital credit currency which is different from traditional credit currency. On the morning of September 9, Zhou Xiaochuan, President of the people's Bank of China, Yi Gang, vice president of the people's Bank of China, and pan Gongsheng, vice president and director of the State Administration of foreign exchange, answered questions from Chinese and foreign journalists on issues related to "financial reform and development.". In response to a question about digital currency, President Zhou Xiaochuan said that bitcoin and other virtual currencies have not been recognized as retail payment instruments, and the central bank does not accept or recognize relevant services at present. At the same time, he also pointed out that the central bank is cooperating with the market to develop digital currency
At the same time, Zhou Xiaochuan also pointed out that digital currency may have some unpredictable effects on financial stability and monetary policy transmission. Therefore, it needs dynamic regulatory measures. Jin Yu, director of the Department of economics, School of economics, Shanghai University of Finance and economics, once commented that "virtual currency" may not only hide the grey transaction or even the black transaction, but also cause all kinds of risks, "crowd out" the real financial innovation, which is not concive to the sustainable and healthy development of Internet financeIt is not illegal, but the legal risk can not be ignored
in September 2017, after the central bank and seven ministries and commissions jointly issued the "notice on the risk of token financing", which explicitly prohibited the trading of RMB and digital currency and the issuance of ICO (abbreviation of initial coin offering, which means the initial public offering of digital currency), the heat of hyping digital currency is still hard to rece
the current situation is that although the official ban, but in reality the transaction is still in progress, which will also lead to a series of legal problems. High return is accompanied by high investment risk, as well as legal risk that can not be ignored. After the central bank stopped the digital currency exchange in September 2017, some exchanges went overseas, and investors also went to overseas markets to invest and trade, or to find counterparties through Internet instant messaging software
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related risks:
1. The so-called credit risk is e to the lack of reliable third party participation, and the transaction between the two sides completely depends on the integrity. Once there is a breach of contract, it is difficult to protect the rights and interests
2. The so-called policy risk is that the attitude of various countries towards the special currency will lead to sharp fluctuations in the price of the currency, which will have a certain impact on the OTC trading; The so-called relief vacancy risk refers to the dispute caused by OTC transactions, which makes it difficult for all parties to obtain evidence and provide evidence
3. The public security organs often encounter the problem that there is no professional institution to price bitcoin in case filing or legal review, and our criminal law stipulates that the criminal object of theft is someone else's finance with economic value, because the economic value of bitcoin can only be proved by the trading platform according to the price displayed on the trading platform software, This kind of pricing is sometimes not recognized by public security organs and courts< br />
Bank of Malaysia: it does not recognize or prohibit the public from deciding on the future of virtual currency
the president of the National Bank of Malaysia, dansri Muhammad Ibrahim, said that the concept document of cryptocurrency will be finalized this month, and the future of the virtual currency will be decided by the public
he mentioned that Malaysia's response is slightly different from that of some countries that have decided to ban cryptocurrency. Malaysia will not ban cryptocurrency at present, but let the market decide the future of cryptocurrency. The key is that our country must understand what is inside it
however, on September 28, Dato Mohamad zabidi bin Ahmad, senior director and global head of CIMB, Malaysia's second largest bank, attended the launching ceremony of an exchange called "urcoin" and publicly expressed the bank's support for it
It can be seen from this that although Malaysia does not affirm digital currency as its legal tender, it has selected some projects to support it, observe its development and prepare for the future legislationSpeculation in foreign exchange generally refers to foreign exchange margin trading and firm offer trading. That is, investors conct foreign exchange transactions with the services provided by banks or brokers
At present, there are two main channels for domestic investors to invest in foreign exchange, one is through the foreign exchange firm offer opened by domestic banks, the other is through foreign dealers (domestic agencies) to directly open accounts abroad for foreign exchange margin business. The biggest difference between foreign exchange margin trading and foreign exchange firm offer trading is that foreign exchange margin trading takes the form of margin, and uses leverage principle to make small and broad. This paper focuses on whether the residents log on to the foreign dealer platform through personal login or network agent platform to conct foreign exchange margin trading constitutes the crime of illegal operation of illegal foreign exchange trading or related illegal actsdoes speculation in foreign exchange by domestic residents constitute a crime of illegal foreign exchange trading? Before that, some people thought that trading foreign exchange in China must be carried out in designated banks or relevant institutions, and speculation in foreign exchange is obviously a kind of speculation through trading foreign exchange, reselling foreign exchange, and it is a typical reselling for profit, so this kind of behavior constitutes illegal foreign exchange trading outside the prescribed place, As long as the amount of business exceeds 200000 US dollars or the profit exceeds 50000 RMB, it constitutes the crime of illegal business operation
the most famous case is that Huang Guangyu was convicted of insider trading and illegal business operation. The court found that in order to repay his gambling debts in Macao, Huang Guangyu paid Macao's casinos in RMB exchange for Hong Kong dollars through underground banks, and the amount exceeded 100 million yuan. The court held that this kind of behavior belonged to trading foreign exchange outside the designated place, so it constituted the crime of illegal business operation
However, first of all, the object of the crime of illegal foreign exchange trading is China's foreign exchange management system. The reason why the judicial authorities of our country regard Huang Guangyu's behavior as the crime of illegal business operation is that this kind of behavior of purchasing foreign exchange through underground banks infringes the existing foreign exchange management system of our country, and belongs to the typical realization of illegal OTC Foreign Exchange