Virtual currency needs supervision

1.

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

extended data

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 imagine

the 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

2. Reason: with the rapid development of information technology, real money is far from meeting people's demand for capital flow. If there are enough people to recognize the value of a virtual currency, it may become a substitute unit of material exchange, and the existence of virtual currency will inevitably cause another upsurge in the financial sector
in view of the possible risks of virtual currency, many international organizations and central banks have responded publicly to the supervision of virtual currency system. These responses can be roughly divided into four categories: warning and risk warning, supervision and registration permission, legislative norms, and explicit prohibition
(1) warning and risk warning
some central banks and regulators have issued risk warnings against the special currency and virtual currency system. The federal financial regulatory authority of Germany, the Bank of France, the central banks of the Netherlands and Belgium have issued public warnings against the possible money laundering and terrorist financing caused by the use of bitcoin. In the report released at the end of 2013, the European Banking authority (EBA) warned consumers of many risks of virtual currency, such as exchange loss, e-wallet theft, unprotected payment, price fluctuation and so on. Although Spain did not have a similar risk warning, it issued a timely information announcement related to virtual currency
(2) supervision and registration license
generally speaking, international organizations believe that the supervision of virtual currency should find a balance between risk prevention and innovation promotion. Since 2012, Sweden has required transactions related to virtual currency to be registered with financial regulators. Other countries pay attention to qualification supervision, so as to make it indirectly meet the requirements of prudential supervision. In other countries, the regulation mainly focuses on the business model of virtual currency transaction. The financial prudential regulatory authority of France regards the provision of bitcoin circulation and trading services and the act of earning funds in the process as a payment service and requires the authorization of the government. In addition, some countries focus on the intermediary institutions related to virtual currency. The German federal financial regulatory agency and Danish regulators believe that the provision of intermediary services for virtual currency needs to be authorized< (3) legislative norms
at present, some countries have proposed legislation to regulate virtual currency transactions. Canada plans to legislate to allow the government to supervise the transaction of bitcoin, and to include the transaction of more than US $10000 into the scope of suspicious supervision. The United States hopes to adjust the relevant legal structure should be compared with the development of the special currency. In order to make the Bank Secrecy Act (BSA) applicable in the context of network, the financial crime enforcement network (FinCEN) of the U.S. Department of the Treasury issued the explanatory guidance on the behavior and subject definition of private generation, holding, distribution, trading, acceptance and transmission of virtual currency in 2013. The European central bank stressed that it should strengthen international cooperation under the existing legal framework, and regulate virtual currency from the European and global level under the existing legal framework. More countries believe that bitcoin is not a currency in circulation, has no legal status, and does not meet the definition of financial instruments, such as Finland, Sweden, Malaysia and Indonesia
(4) it is forbidden
in some countries, bitcoin related transactions are prohibited. In December 2013, the people's Bank of China banned financial institutions from trading in bitcoin, which was subsequently extended to payment service providers. The central banks of Thailand and Indonesia share the same attitude. The circulation of anonymous internet currency (including bitcoin) is prohibited by the Russian judicial inspection department as a substitute for currency. The Central Bank of Russia has earlier included the provision of bitcoin services in the scope of suspicious transaction monitoring. The U.S. Securities and Exchange Commission (SEC) has banned the issue of unregistered shares in exchange for bitcoin, and unregistered online securities trading activities in virtual currency.

3. The main purposes are as follows:

1
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4. Protect the property rights and interests of the public, protect the legal tender status of RMB, prevent the risk of money laundering and maintain financial stability
5. Avoid excessive speculation in the name of "virtual currency" for virtual commodities such as bitcoin, which will damage the public interest and the legal tender status of RMB.

4. Q-coin is not a currency, it's just Tencent virtual currency officially launched by Tencent, it's an enterprise virtual currency
the central bank's supervision of virtual currency is mainly reflected in the supervision of bitcoin. The central bank forbids any enterprise or indivial to use bitcoin as a payment tool. As a payment tool, virtual currency has great risks, Therefore, the central bank's supervision of virtual currency is very strict

5. Human flesh search is a kind of network query mechanism that uses human participation to provide pure search engine information. In short, the so-called "human flesh search" is a network way to search other people's privacy information. Obviously, human flesh search inevitably involves personal privacy, and the disputes about human flesh search are also legal issues. What legal issues does human flesh search touch? How can legal science diagnose human flesh search? From the definition and operation practice of human flesh search, the main motive of this engine technology is to mine other people's privacy information, which is also the main function of human flesh search. Therefore, human flesh search will first touch personal privacy. The right of privacy is one of the specific personality rights enjoyed by natural persons (citizens), which takes personal natural information and behavior information as the right object. The right to privacy is protected by law and shall not be infringed upon by others. The main forms of infringement of privacy are prying, leaking, spreading and abusing. Once the right of privacy is infringed, it constitutes a tort and should bear the corresponding tort liability. The activity mechanism of human flesh search is as follows: once the human flesh object is found, the Internet people can search its privacy information as widely as they can, and then provide search convenience for users. It can be seen that the privacy of those who are "human flesh" may be infringed
What's abominable is that human flesh search not only discloses other people's privacy, but also fabricates facts, insults, slanders, exaggerates and denounces human flesh objects. Such behavior can easily touch other people's right to reputation. The right of reputation is also one of the specific personality rights enjoyed by natural persons (citizens). It takes the rection of social evaluation as the judgment standard of infringement, and the main means leading to the rection of social evaluation are insult and slander. In the process of human flesh search, many netizens, out of indignation, describe the object of human flesh search poorly and speak rudely, and a large number of abusive and insulting words pervade the Internet. This will cause the adverse consequences of reputation damage to the parties. Whether the right of privacy is violated or the right of reputation is damaged, it will inevitably cause the loss of personality to the protagonist of "human flesh gate"

the harm of human flesh search is not limited to the direct infringement mentioned above. What's more serious is that with the help of human flesh search information, intrusive behaviors are implemented in reality, such as making harassing phone calls, posting newspapers with indecent words on the door, etc. Obviously, the harm of human flesh search has spread from cyberspace to the real world. Such a series of infringement followed, and finally staged China's "first case of human flesh search", the victims eventually sued the perpetrators and related websites in court, and finally won[ 1]

it is not difficult to see that human flesh search can almost be equated with tort. Many people even call for severe punishment of human flesh searchers, and even advocate banning human flesh search. It is true that legal science can diagnose specific cases of human flesh search, and can give legal technology analysis and value evaluation, but the emergence and development of human flesh search and its practice seem to prove that human flesh search is not only a legal problem. In the period of social transformation, especially the information explosion in the Internet age, people's curiosity about new things and the psychological depression accumulated by the fast-paced life are easy to break out instantaneously. Human flesh searchers would rather bear the pressure of legal risk and public opinion condemnation, but also play the Internet carnival that hurts the parties, and experience the stimulation brought by human flesh search game

despite the rapid development of human flesh search in China in recent years, foreign human flesh search has been growing healthily and soundly. It not only has considerable commercial profits, but also consciously abides by the legal rules, making human flesh search develop rationally along the road of legalization and commercialization, Its users naturally regard human flesh search as a normal and necessary human interactive help service. In contrast, in China, when people hear about human flesh search, they don't seem to regard it as a good thing at all. In most people's eyes, human flesh search may be a bad online game or a boring online farce. The reason why human flesh search is so biased is that the search engine is almost at the edge of the law

in fact, as a new thing, human flesh search should not be knocked down. We should dialectically analyze the advantages and disadvantages of human flesh search and comprehensively understand its impact on people and society. As a way to provide information, human flesh search undoubtedly provides convenience for Internet users in many aspects. With the development of society, it is a legitimate right for people to obtain and possess a certain amount of information, which is also an internal demand of people as a member of the social system. In the field of human rights and public interests, people not only have the right to know, but also have the right and obligation to exercise social supervision and public opinion supervision. When the infringement and even the criminal act or the events that affect the national interests and social interests occur, it is necessary to verify and condemn the parties. At this time, with the help of human flesh search, by absorbing the insiders to participate in the shortcut provided by information, the parties are often easy to be accurately "human flesh" out. The positive function of human flesh search is not only reflected in the supervision of the perpetrators of the search, such as looking for relatives and good people to find stakeholders in the action, human flesh search can also perform extraordinary, with the help of public power, effectively screen information resources, show the search results that people need. In addition, from the development practice of human flesh search, its function has not only been limited to the search of people, but also penetrated into the search field of other information, gathering netizens' enthusiasm and displaying its search skills

if we say that as a network search method or technology, human flesh search shows its value because of its positive functions, then people's use of human flesh search may make its own functions deviate from the track and slide into the negative field which is easy to cause condemnation and resentment. Judging from the cases of human flesh search that have happened in reality, the reason why human flesh search has encountered a lot of criticism is not that human flesh search itself has inherent infringement toxin, but that the operators of this game ignore the legitimate rights and interests of human flesh search objects, and consider the value of the event itself and the legitimacy of the rights and interests of search objects, It seems that netizens have shifted the balance of interests to the degree of condemnation of the event itself, and without thinking, they think that the value of condemning and exposing human flesh search objects is far more important than the protection of their legitimate rights and interests. At this time, the moral trial goes beyond the legal bottom line. When more and more people regard themselves as moral judges, the rights and obligations endowed by law are completely ignored. As a result, once encounter human flesh search events, often instantly gathered a large number of people, in full swing to expose the abominable face of human flesh search

at this moment, the search objects who have been collectively investigated and tried are undoubtedly suffering from privacy disclosure and rights erosion. The culprit of this result is not human flesh search, but all kinds of tort mentioned at the beginning of this article. In other words, it is not the human flesh search itself that leads to infringement, but the human flesh searcher's behavior angers the victim. To be fair, human flesh searchers are not born with infringement motivation. In many cases, human flesh searchers may not do it intentionally, but connive at the madness of human flesh searchers because of the lack of guidelines for their behavior. This is exactly the case in reality. The laws and regulations directly related to human flesh search are in a blank state. In case of infringement cases caused by human flesh search, we have to apply the general norms of tort liability. It can be said that human flesh search is drifting away from the edge of the law

is the "human flesh search", which is on the edge of the law, a ban or a legislative gap[ 2] According to the previous interpretation of the positive function of human flesh search, combined with the healthy operation practice of foreign human flesh search, starting from the development space and actual needs of human flesh search in China, rather than stifling this new thing by banning human flesh search, it is better to reasonably regulate the behavior of human flesh search through scientific legislation. This is almost a consensus[ 3] Moreover, from the perspective of the current legal norms, it is not lack of legal basis to identify the composition of tort. From the perspective of the general adjustment function of law, China's current law is not powerless in regulating the tort of human flesh search. The first case of human flesh search, which has made a judgment and has been partially implemented, also invokes the current tort legal norms. However, human flesh search as a type of network infringement, because of its own particularity, can not but urge legislators to pay special attention to its responsibility distribution

in this regard, an effective way should be to reasonably define the liability space of human flesh search infringement. In terms of the liability involved in human flesh search infringement, both the website and the specific behavior of human flesh search are likely to be responsible. However, the key to determine the subject of responsibility lies in the elements of responsibility. Therefore, it is very important to design the review system and imputation principle. According to the existing tort laws and regulations, the responsibility of the specific operators of human flesh search can be adjusted. There is no doubt that the organizers, privacy information providers and other forms of infringers who are in line with the composition of tort liability will be subject to tort liability. What kind of attitude should be adopted to determine the responsibility of the website? In view of the consideration of the overall development of the Internet and the positive function of human flesh search, it is more appropriate to impose the ty of ex post review on the websites involved in human flesh search. The so-called "post review" is mainly after the plaintiff considers that his rights and interests are infringed by the human flesh search behavior of the website and issues a relief request to him, or there is sufficient evidence to show that the website can take measures to stop it[ 4] It can be seen that the rule of review after the event contains the principle of fault imputation, that is, only when the website is at fault can it become the subject of liability and bear joint and several tort liability[ 5]

of course, from the perspective of legal norms of human flesh search, legislation should not only be limited to tort liability, but also make reasonable norms on the scope of application, search content, rights and obligations of relevant parties, supervision and management of human flesh search. Incidentally, some members of the Standing Committee and deputies of the National People's Congress have suggested that the criminal law should be used to regulate human flesh search and the criminal responsibility of the perpetrators of human flesh search should be investigated. The author does not agree with this. In recent years, human flesh search has just started in China, which is still a new thing. To deal with this means of network search, we should not completely eliminate human flesh search by means of strict prohibition, and we should not let human flesh search expand infinitely. However, as a legislative act, the regulation and adjustment of human flesh search behavior should be carried out step by step. According to the specific operation practice of human flesh search behavior, the corresponding legislation should be introced timely, instead of taking a heavy attack from the beginning, regarding human flesh search as a criminal tool and demoting the human flesh search actor as a "criminal". China's criminal legislation declares the principle of a legally prescribed punishment for a specified crime

6. Bitcoin can be regulated
however, it has not been fully and effectively regulated at present (as of March 6, 2019)
if we understand bitcoin as a kind of "currency", then it is equivalent to US dollars leaving the United States. Usually, after the US dollar leaves the United States, banks in other countries will help manage it. However, it is impossible to count the scattered us dollars that are neither in the United States nor in the hands of banks and other financial institutions. For example, in some areas of Africa where there are no banks, the US dollar is used
these scattered us dollars are equivalent to bitcoin
how to regulate these scattered us dollars
generally, in addition to controlling the issuance of US dollars, US dollar regulation also controls the circulation and usage ports. The Federal Reserve controls the number of new currencies issued each year according to the flow and damage of dollars abroad. At the same time, we should supervise the inflow and outflow of US dollars, so as to keep us dollars in an environment that can be roughly traced, so as to facilitate the issuers to count the total amount, so as to avoid excessive inflation or deflation
in fact, these scattered us dollars exist in some deregulated environments. Although they are out of control, they will not affect the overall economic situation
If anyone wants to influence the international economy through these scattered us dollars, then it must enter the existing regulatory system. In this way, these scattered dollars are regulated
for bitcoin, we can also learn from these forms of regulation
first of all, from the point of view of the issuing end, although the total number of bitcoin is now 21 million, it is also "set before" and cannot be changed
recently, it has been mentioned that the 21 million bitcoin limit should be abolished, which means that the issue of bitcoin is not stable. Therefore, it is necessary to control the issuance of bitcoin from the development end
you need to get inside the development side and become a core developer
Second, monitoring from the circulation link. In fact, this is the most difficult monitoring at present, because the blockchain is anonymous, the user is anonymous, and the receiver is anonymous
even though we can trace the circulation path of bitcoin by technical means (for example, we can know that a transaction is sent from a small house in the United States to a commercial building in Germany), it is only a drop in the bucket for tens of millions of users in the whole environment. How to trace and manage the overall transaction data is a huge problem
you can't know from the transaction data whether the user is engaged in illegal transactions
what should we do? Regulators have come up with a way to bind personal identity information to the user's real name, your exchange account number and bitcoin wallet address. But this is also a temporary solution, because it can only monitor the use of bitcoin in specific situations. An indivial can use multiple bitcoin wallet addresses. You don't know when he will apply for a new one
in terms of circulation, there is also a monitoring system to control the exchange channel between bitcoin and local legal currency. Banks in some regions do not provide financial services for users who exchange bitcoin for legal currency, and some countries and regions prohibit financial institutions from providing bitcoin and local legal currency exchange services
if users secretly exchange huge amounts of bitcoin, some clues can be found through the bank transfer records, so as to crack down on illegal acts in time. As for those who make little trouble, let him go
thirdly, restrict the use. This is relatively easy to achieve. For example, relevant laws have been issued to prohibit the use of bitcoin transactions. Although it's impossible to ban it completely, it's better than letting it run wild All over the world, it seems that what is forbidden is not completely forbidden
for example, before using bitcoin in public, you must use your real name, and you have to pay taxes to hold or use bitcoin
of course, it's OK for users not to do so, so it's better to use its assets in the dark
having said so much, now you know that bitcoin can be regulated, but it's not so well managed. Many measures have been taken, and it seems that they are not effectively regulated. Under what circumstances can bitcoin be effectively regulated? Users consciously report their holdings of bitcoin to the regulatory authorities. The regulatory authorities add some development functions to the bitcoin to achieve supervision, or they don't need to use it, so it doesn't matter at all
in fact, it can't be controlled so strictly, as long as it can't be controlled in the range of big waves. After all, there is light and dark, and there may be no gray space at all
new technology will surely have an advantage when it comes to living now.

7. The biggest reason for the rise in the price of the graphics card is mining, and the secondary reason is the cost of the graphics card. For example, there is a shortage of graphics memory and the supply exceeds the demand

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8. It depends on your diagnosis certificate, what is written is what disease, some auxiliary examinations do not necessarily see the results
but also depends on the clinical diagnosis
some patients don't have to be treated in the emergency department when they are received in the emergency department, for example, some major trauma immediately enters the operating room. If in the emergency treatment, there must be emergency medical records, you can ask the doctor.

9. Regulators talk about the supervision of virtual currency again. Why should virtual currency be supervised< p> Recently, the regulatory authorities reiterated their views on virtual currency, and then strengthened the supervision of virtual currency. This argument has attracted a lot of people's attention on the Internet. For a long time, virtual currency has been repeatedly banned on the Internet, which has caused many governments to have a headache. For example, bitcoin, which has been popular on the Internet before, has been admired by many people, and many people spend their time on it; Mining & quot; In recent years, the infatuation for bitcoin has reached a fanatical level. Recently, I believe many people have heard of dogcoin. As a similar proct of blockchain, dogcoin is a kind of virtual currency like bitcoin, which has set off a huge wave for people's social life

In addition, virtual currency has led many people to inlge in it and reced their enthusiasm for life. Therefore, many people waste their time and it is very unwise to waste their time in this kind of virtual data. Therefore, we should spontaneously boycott the virtual currency and contribute to the maintenance of the world monetary system