Failed to send gift, virtual currency not deducted

1.

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

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3. Send her a screenshot of the details of the gifts you sent her. Let her use this screenshot to appeal to the platform customer service. You can definitely reissue it to her. It's just that there's something wrong with the design of the platform app.

4. Volcano virtual currency not dected means that you have not completed all tasks

5. This should be your network problems, or you do not recharge, can not send, and mobile phone model has nothing to do with

6. To send out a coin is to send a gift to the master
it is mainly used to send gifts to the anchor when watching the live broadcast,

7. Foreword

there are two kinds of virtual currency, six coins and six beans, in which the user can recharge RMB to get the corresponding six coins to buy gifts. After the gift is given, six coins will be dected from the giver's account, and six beans will be added to the recipient's account. The value of six beans is 50% of the value of six coins. The six coins are only for gifts in the station, and can not be cashed back into RMB. Six beans can be converted into six coins to continue to consume in the station, and can also be converted into RMB for cash withdrawal. The official price of this website is 1 RMB, which can be purchased for 1006 RMB. 1006 beans can be converted into 1006 RMB or converted into 0.6 RMB for cash withdrawal. Contract anchor according to the rules, non contract anchor conditional match, family head according to the rules, other roles can't match. For example: after player a recharges 100 yuan, he can get 10000 yuan in his account. Six yuan can only be consumed in the station, but can't be exchanged back to the official; If player a buys a gift of 1000 yuan and gives it to player B, player a's account will be reced by 1000 yuan and player B's account will be increased by 500 yuan. Player B can convert 500 six beans into 500 six coins and continue to consume in the station. The role meeting the exchange point conditions can also convert 500 six beans into 3 yuan<

Chapter one anchor

requirements for signing anchor:

1. You need to apply actively, accept the signing anchor agreement, and assign the signing anchor work number after approval

2. A show host needs to meet the following three conditions:

A) comply with the website management regulations and have no violation records

b) more than 50 hours per month

C) effective broadcast days & gt; 20 days (more than 1 hour per day is the "effective broadcasting days")

d) the monthly gift income is more than 26 thousand beans

3. If it fails to meet the above standards for two consecutive months, it will automatically become "non contract anchor"

4. There is no limit on the number of times to apply for signing anchor

5. The salary and commission of signing anchor shall be settled at the end of the month according to the following rules< According to the following gift income (six beans) levels, the anchor will determine the level: 1 star 1000, 2 star 5000, 3 star 15000, 4 star 30000, 5 star 50000, 1 Diamond 100000, 2 Diamond 200000, 3 diamond 350000, 4 Diamond 550000, 5 diamond 800000, 1 crown 1200000, 2 crown 1500000, 3 crown 2000000, 4 crown 3, 5, 6, 7, 8, 9 and 10 crowns respectively

2. The monthly broadcast time is up to 50 hours, the monthly gift income is more than 156 thousand beans, and the salary is 500 yuan + gift exchange point

3. The monthly broadcast time is up to 50 hours, the monthly gift income is (100000-150000) yuan, and the salary is 250 yuan + gift exchange point

4. The monthly broadcast time is up to 50 hours, the monthly gift income is (625-100000) yuan, and the salary is 100 + gift exchange point

5. The monthly broadcast time is up to 50 hours, the monthly gift income is (325-65000) yuan, and the salary is 50 yuan + gift exchange point

6. The monthly broadcast time is 25 hours, the monthly gift income is more than 156 thousand beans, and the salary is 250 yuan + gift exchange point

in July, the broadcast time reaches 25 hours, the monthly gift income is (100000-150000) yuan, and the salary is 100 yuan + gift exchange point

in August, if the broadcast ration or gift income does not reach the above standard, only the exchange point will be given in the current month

9. When there is a gift consumption for the anchor, the anchor receives 50%. When the anchor cashes, the website takes 40%, that is, to give the anchor a gift of 1000 yuan, and the anchor receives 500 yuan, which can be exchanged for 3 yuan in cash

10. Only the integral part of the exchange point, such as 12500 yuan for 16000 yuan and RMB 60 yuan for 16000 yuan<

non contract anchor exchange:

1. Non contract anchor who abides by website management regulations and has no violation record can apply to the official for exchange when meeting the following conditions<

A) the broadcasting time of the month (from the 1st to the 30th) reaches 20 hours

b) the gift stock exceeds 56000 beans at the cash point

C) it does not reach the upper limit of 26000 beans at the cash point of a single month

2. When there is a gift consumption for the anchor, the anchor receives 50%, and when the anchor exchanges the point, the website takes 40%, that is, to send the anchor a gift of 1000 yuan, and the anchor receives 500 yuan, which can be exchanged for 3 yuan in cash
3. Only the whole part of the exchange point, such as 12500 yuan for 16000 yuan and RMB 60 yuan for 16000 yuan

4. Exchange at the end of each month.