Does selling virtual currency involve Xian Qian's probation
Publish: 2021-05-05 02:20:18
1. No tobacco monopoly license is not allowed to sell, so was fined. Pay enough fine to show that you have a good attitude to plead guilty, you will be sentenced to probation, otherwise you may be sentenced to a real sentence, the best way to pay it
2. Is virtual property personal property? Are they also protected by law? A few days ago, a rare case of robbing virtual property told us the result: robbing virtual property was also convicted of robbery. Four teenagers used force to "snatch" an online player's online game equipment from an Internet cafe because of their infatuation with online games, Legal Daily reported. Then, the court found that the four defendants' robbery of virtual property constituted robbery, and sentenced them to three years' imprisonment and probation respectively, with a penalty of 5000 yuan. The judgment of this case marks that the protection of virtual property has gone from virtual property to reality< With the popularity of the Internet, online games have become an important part of young people's leisure and entertainment life, and the virtual goods formed by the direct exchange of real currency have a huge amount of property value. Subsequently, the cases of virtual property infringement are increasing
among them, the most serious case is the theft of virtual property. According to xinhuanet.com, Xiao Zhang, who is a junior this year, is an old player of the online game "dream journey to the west", but his online game equipment worth more than 30000 yuan was stolen overnight“ After the "theft case" happened, Xiao Zhang immediately took action, but the embarrassment was that he wanted to protect his rights, but it was difficult to do so. On the one hand, Xiao Zhang reported the case to the public security organ at the first time, but the public security organ refused to file the case because there was no clear provision in the law; On the other hand, Xiao Zhang contacted the game supplier, but Netease's reply was that this was a theft and should be reported to the public security organ first
coincidentally. In the virtual network world, QQ number theft is often encountered by users, and after the encounter, we often have nothing to do, more unexpectedly, it may also involve huge economic losses. According to the news morning post earlier, netizen Chen Xuejun found that a large number of netizens on his QQ number "98888" began to drop off the line. Within a few minutes, "98888" also dropped off the line and could not log in any more. Among his own QQ numbers, 46 were "hacked" one after another. Later, Chen Xuejun went to the police station of Shenzhen Public Security Bureau's high tech park to report the case. It is estimated that the 46 QQ numbers he lost were worth 600000 yuan
there are also some cases that show that if consumers can prove that the loss of virtual property causes damage to the real property rights, then the property rights are still protected by law. However, in such cases, e to the changeability of electronic evidence, its evidence effect is often greatly weakened, and e to technical reasons, many victims are difficult to collect enough evidence, which makes the relevant rights and interests protection more difficult
these events reflect that the protection of network virtual property is not perfect. Besides the loss of money, the biggest pain for users is anger and regret, and the greater embarrassment comes from the fact that it is difficult to protect their rights<
virtual property is also the legal property of citizens, which can not be infringed.
Ye Zhinian, associate professor of China University of political science and law, once wrote an article, pointed out that online virtual property can be purchased directly from game developers, or obtained from the virtual currency market, so virtual property has the attribute of general commodity, and its real value is self-evident
in this case, the virtual property that costs users a lot of time, effort and money should also be protected citizen property. But in contrast, players are "Heroes" in the virtual world and consumers in the real world, but they are often "weak" in the real world. The collision between virtual wealth and the real world is truly reflected here.
among them, the most serious case is the theft of virtual property. According to xinhuanet.com, Xiao Zhang, who is a junior this year, is an old player of the online game "dream journey to the west", but his online game equipment worth more than 30000 yuan was stolen overnight“ After the "theft case" happened, Xiao Zhang immediately took action, but the embarrassment was that he wanted to protect his rights, but it was difficult to do so. On the one hand, Xiao Zhang reported the case to the public security organ at the first time, but the public security organ refused to file the case because there was no clear provision in the law; On the other hand, Xiao Zhang contacted the game supplier, but Netease's reply was that this was a theft and should be reported to the public security organ first
coincidentally. In the virtual network world, QQ number theft is often encountered by users, and after the encounter, we often have nothing to do, more unexpectedly, it may also involve huge economic losses. According to the news morning post earlier, netizen Chen Xuejun found that a large number of netizens on his QQ number "98888" began to drop off the line. Within a few minutes, "98888" also dropped off the line and could not log in any more. Among his own QQ numbers, 46 were "hacked" one after another. Later, Chen Xuejun went to the police station of Shenzhen Public Security Bureau's high tech park to report the case. It is estimated that the 46 QQ numbers he lost were worth 600000 yuan
there are also some cases that show that if consumers can prove that the loss of virtual property causes damage to the real property rights, then the property rights are still protected by law. However, in such cases, e to the changeability of electronic evidence, its evidence effect is often greatly weakened, and e to technical reasons, many victims are difficult to collect enough evidence, which makes the relevant rights and interests protection more difficult
these events reflect that the protection of network virtual property is not perfect. Besides the loss of money, the biggest pain for users is anger and regret, and the greater embarrassment comes from the fact that it is difficult to protect their rights<
virtual property is also the legal property of citizens, which can not be infringed.
Ye Zhinian, associate professor of China University of political science and law, once wrote an article, pointed out that online virtual property can be purchased directly from game developers, or obtained from the virtual currency market, so virtual property has the attribute of general commodity, and its real value is self-evident
in this case, the virtual property that costs users a lot of time, effort and money should also be protected citizen property. But in contrast, players are "Heroes" in the virtual world and consumers in the real world, but they are often "weak" in the real world. The collision between virtual wealth and the real world is truly reflected here.
3.
Buying and selling online game currency is against the law
under normal circumstances, the game currency won by players in the game can not be realized. The game currency can only be circulated in the game. If you want to get the game currency, you can only recharge it in RMB. This belongs to one-way circulation, so it is only a game. And players can earn game money from other players, and then sell it to other players, its nature has been equivalent to gambling
businessmen in online games buy and sell not game equipment, but game currency that is only used in the game. The special point is that they open up the channel for exchanging game currency and RMB, thus turning online games into casinos
extended information:
playing online game "equipment" is very important, many game players do not hesitate to invest a lot of money in game equipment. However, some illegal elements have taken the opportunity to set up a fraud, using online transactions to defraud players' money
in the transaction of virtual procts such as game equipment, fraudsters will first issue "low price sale" of game equipment, game currency or game account in the game to attract players, especially "junior" game players. Once the buyer pays, the other party will directly close the account and disappear
so when trading game equipment or game accounts on the Internet, you must use the official or authorized third-party platform of the game to trade. If the game itself is not operated or authorized to a third-party platform, you'd better consult the official customer service of the game to find the officially recognized trading channel
4. Here is an excerpt about the crime of illegal business operation, about the determination and punishment:
".... the subject of this crime is the general subject, that is, all the natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. Units established according to law and with the ability of responsibility can also become the subject of this crime. The subject of this crime, according to this article, refers to the operator, but under the condition of market economy, "no one does not trade". If the subject of this crime is limited to a special subject, many acts of buying and selling goods without any business license (non operator), import and export license and import and export certificate of origin will not be punished. Therefore, the subject of this crime is a general subject< (4) subjective condition
this crime is constituted by intention in subjective aspect and has the purpose of seeking illegal profits, which are the two main contents of this crime in subjective aspect. If the actor does not seek illegal profits for the purpose, but because he does not understand the laws and regulations, he should not be punished as this crime, but should be investigated for administrative responsibility by the competent department< In other words, the illegal business operators must violate the relevant instrial and commercial laws and regulations. Without administrative illegality, there will be no criminal illegality. In the current situation that the administrative and economic laws and regulations are not perfect in China, we should investigate whether a certain economic act violates the national regulations, We must thoroughly understand the spirit of national policies. We should make the best use of the situation for those that are neither suitable to be advocated nor to be banned in a hurry, so as to make them develop in the direction beneficial to society, and do not easily deal with crimes
2. Subjectively, this crime requires that the perpetrator must be out of intention. For those who engage in illegal business because they do not know it is illegal, they are not considered to constitute this crime, but can only be given administrative punishment
3. This crime requires serious circumstances to constitute a crime, and whether the circumstances are serious or not should be judged from the amount of illegal business and income, and whether the perpetrator has carried out illegal business, caused great losses or other serious consequences to the state, and whether he still does not repent after administrative punishment< If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times his illegal income; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or be sentenced to confiscation of property< If a unit commits this crime, it shall be fined, and the person in charge and other persons directly responsible for it shall be investigated for criminal responsibility in accordance with the provisions of this article. "
I don't know if 100000 yuan is serious or huge. It should be up to 5 years. According to the description in the criminal law, the minimum punishment may be administrative punishment. In this case, the maximum is 15 days' detention and a fine. It's better to find a professional lawyer to plead! The police should also pay attention to the evidence and legal proceres for arresting people. They are only suspects before they go to court and sentence. Before the lawyer takes over, they should not plead guilty casually to avoid going to court in the future.
".... the subject of this crime is the general subject, that is, all the natural persons who have reached the age of criminal responsibility and have the ability of criminal responsibility. Units established according to law and with the ability of responsibility can also become the subject of this crime. The subject of this crime, according to this article, refers to the operator, but under the condition of market economy, "no one does not trade". If the subject of this crime is limited to a special subject, many acts of buying and selling goods without any business license (non operator), import and export license and import and export certificate of origin will not be punished. Therefore, the subject of this crime is a general subject< (4) subjective condition
this crime is constituted by intention in subjective aspect and has the purpose of seeking illegal profits, which are the two main contents of this crime in subjective aspect. If the actor does not seek illegal profits for the purpose, but because he does not understand the laws and regulations, he should not be punished as this crime, but should be investigated for administrative responsibility by the competent department< In other words, the illegal business operators must violate the relevant instrial and commercial laws and regulations. Without administrative illegality, there will be no criminal illegality. In the current situation that the administrative and economic laws and regulations are not perfect in China, we should investigate whether a certain economic act violates the national regulations, We must thoroughly understand the spirit of national policies. We should make the best use of the situation for those that are neither suitable to be advocated nor to be banned in a hurry, so as to make them develop in the direction beneficial to society, and do not easily deal with crimes
2. Subjectively, this crime requires that the perpetrator must be out of intention. For those who engage in illegal business because they do not know it is illegal, they are not considered to constitute this crime, but can only be given administrative punishment
3. This crime requires serious circumstances to constitute a crime, and whether the circumstances are serious or not should be judged from the amount of illegal business and income, and whether the perpetrator has carried out illegal business, caused great losses or other serious consequences to the state, and whether he still does not repent after administrative punishment< If a natural person commits this crime, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times his illegal income; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or be sentenced to confiscation of property< If a unit commits this crime, it shall be fined, and the person in charge and other persons directly responsible for it shall be investigated for criminal responsibility in accordance with the provisions of this article. "
I don't know if 100000 yuan is serious or huge. It should be up to 5 years. According to the description in the criminal law, the minimum punishment may be administrative punishment. In this case, the maximum is 15 days' detention and a fine. It's better to find a professional lawyer to plead! The police should also pay attention to the evidence and legal proceres for arresting people. They are only suspects before they go to court and sentence. Before the lawyer takes over, they should not plead guilty casually to avoid going to court in the future.
5. As long as it is a virtual machine, you can run the EXE program, because the virtual machine is equivalent to the computer installed in the computer can run
6.
Generally, there is only one computer system. Sometimes, when some software can't be installed in the system or is not supported, there is no need to re install the system. That's very troublesome. You just need to install a virtual machine and run the software on the virtual machine! The following describes how to use a virtual machine
1. First, open the VMware virtual machine. Here, the drowned version of VMware virtual machine is VMware 10. Open the VMware virtual machine as shown in the figure:
7. Space is not allowed to run software, if your website needs other software support, recommend a website, they can help you install the software you need. Their after-sales work is better. The website name is Beijing Yicheng
8. No way, but there is a special running robot hang up server, specific search Chuxiang digital
9. Virtual machine (English full name: virtual
machine) refers to a complete computer system with complete hardware system function and running in a completely isolated environment through software simulation. The current popular virtual machine software includes VMware (VMware
ACE), virtual box and virtual
PC, which can virtualize multiple computers on Windows system, Each virtual computer can run independently and install all kinds of software and applications
the role of virtual host:
the role of virtual machine in reality is quite large. For example, the simplest computer does not have an optical drive. If you want to install the system, you can use the virtual machine to install the system. The virtual machine has a virtual optical drive inside, which supports directly opening the system image file to install the system. In addition, the virtual machine technology is quite practical in the eyes of game enthusiasts, For example, many games on a computer do not support multiple games at the same time, but you can create several virtual machines in the computer. Then you can run the program separately in the virtual machine system, so that you can realize multiple games on a computer at the same time. In addition, there are many functions of virtual machine, which will not be introced here one by one
in fact, virtual machines are widely used in enterprises. Because servers are usually highly configured, many server network operators usually divide a server into several virtual machine servers in order to meet the needs of small and medium-sized webmasters. In this way, each website can allocate a part of independent server resources without affecting each other and can be equipped with independent IP addresses, It greatly solves the problem of high cost for small and medium-sized enterprises to use a single server. At present, the VPS servers purchased all adopt this technology, and the virtual space used by friends who have been websites in the initial stage is also this principle.
machine) refers to a complete computer system with complete hardware system function and running in a completely isolated environment through software simulation. The current popular virtual machine software includes VMware (VMware
ACE), virtual box and virtual
PC, which can virtualize multiple computers on Windows system, Each virtual computer can run independently and install all kinds of software and applications
the role of virtual host:
the role of virtual machine in reality is quite large. For example, the simplest computer does not have an optical drive. If you want to install the system, you can use the virtual machine to install the system. The virtual machine has a virtual optical drive inside, which supports directly opening the system image file to install the system. In addition, the virtual machine technology is quite practical in the eyes of game enthusiasts, For example, many games on a computer do not support multiple games at the same time, but you can create several virtual machines in the computer. Then you can run the program separately in the virtual machine system, so that you can realize multiple games on a computer at the same time. In addition, there are many functions of virtual machine, which will not be introced here one by one
in fact, virtual machines are widely used in enterprises. Because servers are usually highly configured, many server network operators usually divide a server into several virtual machine servers in order to meet the needs of small and medium-sized webmasters. In this way, each website can allocate a part of independent server resources without affecting each other and can be equipped with independent IP addresses, It greatly solves the problem of high cost for small and medium-sized enterprises to use a single server. At present, the VPS servers purchased all adopt this technology, and the virtual space used by friends who have been websites in the initial stage is also this principle.
10. How to choose virtual host for novice
first, the speed of virtual host
this is what we are most concerned about. Most virtual host service providers have demo IP or sites, so we can ping it to see its link speed. Generally, the domestic 60ms and foreign 200ms are normal. Of course, this is only a big aspect, and we need to open the site to test, Attention can choose double line space best, because now many domestic or in the use of Netcom oh<
Second, space stability
in the previous solutions to rece the number of Web sites, I have written about the importance of space stability for a website, and some bad service associations are doing this on purpose (this does exist). I think the best way to choose a stable space is to ask my familiar friends, After all, we only know what we have used. And even if the same service provider, the server is also different, some are certainly stable, some are unstable
Third, technical service support
it has been said that it is a novice webmaster, so it is certain that he is not very good at the website, more or less there are problems, or the website is attacked or something, in short, there will be some problems. At this time, a good technical service support for our novices is really too important, this can choose the domestic well-known IDC service provider, so as to ensure. When chatting with Xiao Jun the day before yesterday, he talked about this problem. Recently, his blog has been attacked continuously, and he is looking for an agent to buy space, so he can't find wanwang directly, so the intermediate processing time is very much. The only advantage is that the agent is very cheap, and I often find an agent to buy, and then go to the host, when there is a problem, I submit it online directly<
4. Host protection or security performance
recently, the SEO competition in e-commerce circle is coming to an end, but the attack is still ongoing. Last night, Huzi's space was attacked, which belongs to wanwang. Because of the traffic restriction, it was wiped out all at once. The solution is to change the space. Of course, you can buy the traffic, but the attack will continue, So changing space can be avoided. Pull far, the host has a lot of open soft defense, there are also some open hard defense, but even if the server has no loopholes, but if there is a problem with the program, it will still be attacked
v. virtual host environment
we all know that there are many website programs, ASP and PHP are more used, and the database is also divided into several kinds, so in the program selection, many novice friends only know to buy, but do not know to choose the right one. Zblog uses the space of ASP environment, while WP uses the space of PHP environment (it's better to choose Linux server). Don't buy it, and then when you go to install your own program, you will know that you have bought the wrong one (although many IDC services will replace it with you, but it's very troublesome)
6. Monthly traffic of host
many hosts limit the monthly traffic, such as mine, I'm here to say my experience to novice friends: your website chooses the corresponding traffic for any traffic, instead of pursuing unlimited and unlimited server. Generally, the stability is not good. Just imagine, there are many websites under a server, and the high traffic of other websites will definitely affect the opening speed of your website< 7. Consider the purpose of the website.
we need to consider the purpose of the website when we choose the virtual host. If we want to build a personal website, the personal website is often built only because of personal interests and hobbies. The general demand is to publish blog articles, interact with fans, and display personal style. The budget of the website is not very much, so we generally care about the price and function of the host. If we want to build an enterprise website, the enterprise website is generally for the purpose of promoting procts and services, aiming at improving the popularity of the enterprise, expanding the influence, attracting customers or selling goods on the Internet, etc. at this time, we are more concerned about the performance of the virtual host, access speed, technical support, etc< In addition, we need to consider which language or framework we should use to develop our website. For example, windows host space supports ASP, asp.net and MySQL server very well, while Linux host space does not support. Net and other components, but supports PHP and MySQL database better. If you use ASP in the development, you must choose windows host. If you use PHP, it will be better to choose Linux. For example, the Linux virtual host of Xinmai Internet supports the most suitable architecture of Linux + Apache + mysql5. It is more stable and efficient to run PHP web pages. The windows virtual host is compatible with multiple versions of. Net series at the same time, and the stability is also very high< 9. Consider the size of the website.
novices need to consider whether to choose a virtual host or an independent host according to the size of our website. Look at the number of people on our website at the same time, whether there are more than ten thousand registered users, whether there are more than ten thousand blogs or posts, etc. General personal website and small and medium-sized enterprise website to choose virtual host is enough, large enterprises in both the budget or technical support can get down, independent host also need to have a special computer room to manage< 10. Consider filing
generally, domestic hosts need to be filed, and the process is troublesome, while foreign hosts need not be filed, and Hong Kong hosts do not need to be filed. Then some people will ask, if we visit foreign or Hong Kong hosts in the mainland, won't the speed be slow? Overseas ones may be slower, but Hong Kong ones are better. Besides, Hong Kong hosts like Xinmai Internet have VIP lines from mainland China, which will not affect the access speed at all.
first, the speed of virtual host
this is what we are most concerned about. Most virtual host service providers have demo IP or sites, so we can ping it to see its link speed. Generally, the domestic 60ms and foreign 200ms are normal. Of course, this is only a big aspect, and we need to open the site to test, Attention can choose double line space best, because now many domestic or in the use of Netcom oh<
Second, space stability
in the previous solutions to rece the number of Web sites, I have written about the importance of space stability for a website, and some bad service associations are doing this on purpose (this does exist). I think the best way to choose a stable space is to ask my familiar friends, After all, we only know what we have used. And even if the same service provider, the server is also different, some are certainly stable, some are unstable
Third, technical service support
it has been said that it is a novice webmaster, so it is certain that he is not very good at the website, more or less there are problems, or the website is attacked or something, in short, there will be some problems. At this time, a good technical service support for our novices is really too important, this can choose the domestic well-known IDC service provider, so as to ensure. When chatting with Xiao Jun the day before yesterday, he talked about this problem. Recently, his blog has been attacked continuously, and he is looking for an agent to buy space, so he can't find wanwang directly, so the intermediate processing time is very much. The only advantage is that the agent is very cheap, and I often find an agent to buy, and then go to the host, when there is a problem, I submit it online directly<
4. Host protection or security performance
recently, the SEO competition in e-commerce circle is coming to an end, but the attack is still ongoing. Last night, Huzi's space was attacked, which belongs to wanwang. Because of the traffic restriction, it was wiped out all at once. The solution is to change the space. Of course, you can buy the traffic, but the attack will continue, So changing space can be avoided. Pull far, the host has a lot of open soft defense, there are also some open hard defense, but even if the server has no loopholes, but if there is a problem with the program, it will still be attacked
v. virtual host environment
we all know that there are many website programs, ASP and PHP are more used, and the database is also divided into several kinds, so in the program selection, many novice friends only know to buy, but do not know to choose the right one. Zblog uses the space of ASP environment, while WP uses the space of PHP environment (it's better to choose Linux server). Don't buy it, and then when you go to install your own program, you will know that you have bought the wrong one (although many IDC services will replace it with you, but it's very troublesome)
6. Monthly traffic of host
many hosts limit the monthly traffic, such as mine, I'm here to say my experience to novice friends: your website chooses the corresponding traffic for any traffic, instead of pursuing unlimited and unlimited server. Generally, the stability is not good. Just imagine, there are many websites under a server, and the high traffic of other websites will definitely affect the opening speed of your website< 7. Consider the purpose of the website.
we need to consider the purpose of the website when we choose the virtual host. If we want to build a personal website, the personal website is often built only because of personal interests and hobbies. The general demand is to publish blog articles, interact with fans, and display personal style. The budget of the website is not very much, so we generally care about the price and function of the host. If we want to build an enterprise website, the enterprise website is generally for the purpose of promoting procts and services, aiming at improving the popularity of the enterprise, expanding the influence, attracting customers or selling goods on the Internet, etc. at this time, we are more concerned about the performance of the virtual host, access speed, technical support, etc< In addition, we need to consider which language or framework we should use to develop our website. For example, windows host space supports ASP, asp.net and MySQL server very well, while Linux host space does not support. Net and other components, but supports PHP and MySQL database better. If you use ASP in the development, you must choose windows host. If you use PHP, it will be better to choose Linux. For example, the Linux virtual host of Xinmai Internet supports the most suitable architecture of Linux + Apache + mysql5. It is more stable and efficient to run PHP web pages. The windows virtual host is compatible with multiple versions of. Net series at the same time, and the stability is also very high< 9. Consider the size of the website.
novices need to consider whether to choose a virtual host or an independent host according to the size of our website. Look at the number of people on our website at the same time, whether there are more than ten thousand registered users, whether there are more than ten thousand blogs or posts, etc. General personal website and small and medium-sized enterprise website to choose virtual host is enough, large enterprises in both the budget or technical support can get down, independent host also need to have a special computer room to manage< 10. Consider filing
generally, domestic hosts need to be filed, and the process is troublesome, while foreign hosts need not be filed, and Hong Kong hosts do not need to be filed. Then some people will ask, if we visit foreign or Hong Kong hosts in the mainland, won't the speed be slow? Overseas ones may be slower, but Hong Kong ones are better. Besides, Hong Kong hosts like Xinmai Internet have VIP lines from mainland China, which will not affect the access speed at all.
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