Illegal trading of virtual currency abroad

It is illegal to issue virtual currency privately

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

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

Alipay will ban virtual currency transactions. Virtual currency in China's law does not specify that the law is not illegal. Strong> recently issued a statement that Alipay banned the trading of virtual currencies, but most of them expressed support for Alipay's behavior, saying Alipay was right because there are many uses of virtual currency, which can effectively avoid being exploited by lawless elements. p> Although there is no clear regulation on virtual currency, there are some behaviors such as pyramid schemes in some virtual currencies. There are various forms of currencies, which will lead to various frauds. For those who want to invest, they must be cautious and wait until they know all about them before making a decision< however, with the rapid development of the Internet, maybe virtual currency will develop better

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

extended information

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

Speculation 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

does 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

The mutual fund association said that at present, the relevant management departments have basically completed the clean-up and rectification of domestic ICO activities and "virtual currency" trading venues, ring which some investors turned to overseas to carry out relevant activities. According to the relevant national management policies, the network access channels and payment channels of domestic investors may be affected, and investors will suffer losses. It is understood that recently, as many countries pay attention to strengthening the supervision of the "virtual currency" field, some overseas trading platforms may be forcibly banned by the host country's government, and some overseas trading platforms have been restricted from access e to obvious compliance risks

on September 4, 2017, the central bank and other seven ministries and commissions jointly issued the announcement on preventing the financing risk of token issuance, which clearly pointed out that all kinds of token issuance financing activities should be stopped immediately from the date of the announcement; All financial institutions and non bank payment institutions shall not carry out business related to token issuance financing transactions; For the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law