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Management system of virtual money market

Publish: 2021-05-06 23:57:34
1. 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.
2.

1、 (1) the virtual currency of online games mentioned in this Notice refers to the virtual currency issued by online game operators, which is purchased directly or indirectly by game users using legal tender in a certain proportion, and exists outside the game program and stored in the server provided by online game operators in the form of electromagnetic recording, And a virtual exchange tool expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
(2) cultural administrative departments should strictly enforce market access and strengthen the management of online game virtual currency issuers and online game virtual currency trading service providers. Those engaged in the business of "online game virtual currency issuing service" and "online game virtual currency trading service" shall be managed in accordance with the "decision of the State Council on Setting Administrative License for administrative examination and approval items that really need to be retained" (Order No. 412 of the State Council) and the "Interim Provisions on the administration of Internet culture". All enterprises providing the above two services must meet the relevant conditions for the establishment of operational Internet cultural units, apply to the provincial cultural administrative department where the enterprises are located, and report to the Ministry of culture for examination and approval after the initial examination by the provincial cultural administrative department“ Online game virtual currency issuing enterprises refer to online game operation enterprises that issue and provide virtual currency service“ "Online game virtual currency transaction service enterprise" refers to the enterprise that provides platform service for online game virtual currency transaction among users. The same enterprise shall not operate the above two businesses at the same time
(3) in addition to submitting relevant materials in accordance with the law, enterprises applying to engage in the business of "online game virtual currency issuance service" must submit the form of virtual currency expression, scope of issuance, unit purchase price, return method at the time of service termination, user purchase method (including cash, bank card, online payment, etc.) in the business development report User rights protection measures, technical security measures, etc< (4) engaging in the business of "online game virtual currency trading service" must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to the materials submitted in accordance with the law, such enterprises should submit the service (platform) mode, user purchase method (including cash, bank card, online payment and other purchase methods), user rights protection measures, user account binding with real name bank account, technical security measures, etc. in the business development report< (5) enterprises that have engaged in online game virtual currency issuing or trading services shall apply to the cultural administration department for relevant business operations within three months from the date of printing and distributing this circular. Those who fail to apply within the time limit shall be investigated and dealt with by the cultural administrative department in accordance with the Interim Provisions on the administration of Internet culture. A of the approval document from the cultural administration department shall be sent to the Ministry of Commerce and the people's Bank of China< (6) online game operators should issue appropriate amount of online game virtual currency according to their own business conditions and proct operations. Malicious issuance for the purpose of occupying prepaid funds is strictly prohibited. The total amount of virtual currency issued by online game operation enterprises shall be submitted to the provincial cultural administrative department of the place where the enterprise is located on a quarterly basis
(7) except for legal currency purchase, online game operators shall not provide online game virtual currency to users in any other way. When issuing online game virtual currency, online game operators must keep users' recharge records. The storage period of the record shall not be less than 180 days from the date of user recharge< (8) the use of online game virtual currency is limited to the virtual services provided by the issuing enterprise itself, and shall not be used to pay for or purchase physical procts or exchange for any procts or services of other enterprises< (9) online game operators should take necessary measures and complaint handling proceres to protect the legitimate rights and interests of users, and explain them in a prominent position on the website where the enterprise provides services to users
(x) in case of disputes in the use of virtual currency in online games, the user shall present a valid personal identity card consistent with the registered identity information. After verifying the identity of users, online game operators should provide virtual currency recharge and transfer records, and handle them according to the complaint handling proceres. When the legitimate rights and interests of users are infringed, online game operators should actively assist in obtaining evidence and coordinating solutions< (11) if an online game operator plans to terminate the provision of its procts and services, it shall make an announcement 60 days in advance. When the service is terminated, for the virtual currency that the user has purchased but has not used, the online game operator must return it to the user in legal currency or other ways accepted by the user
if the online game service is interrupted continuously for 30 days e to the stop of service access, technical failure and other reasons of the online game operation enterprise, it shall be deemed to be terminated
(12) online game operation enterprises shall not change the unit purchase price of online game virtual currency. When new types of virtual currency are issued, they shall report to the cultural administration department for record according to the materials listed in Article 3 of this circular
(XIII) if online game operators do not support online game virtual currency transactions, they should take technical measures to prohibit the transfer function of online game virtual currency between user accounts
(14) when providing online game virtual currency related transaction services, online game virtual currency transaction service enterprises must require sellers to register with their real names by using valid identity documents, and require them to bind domestic bank accounts consistent with the real name registration information. Online game virtual currency transaction service enterprises must keep relevant transaction records and accounting records among users, and the retention period shall not be less than 180 days from the date of transaction< (15) online game virtual currency trading service enterprises should establish accountability system and technical measures for illegal transactions, strictly screen the authenticity of trading information, and prohibit illegal transactions. Knowing that the virtual currency of online games is illegally obtained or reported and verified, the false transaction information should be deleted and the transaction service should be terminated in time< (16) online game virtual currency trading service enterprises shall not provide trading services for minors
(17) online game virtual currency issuing enterprises and transaction service enterprises should actively take measures to protect personal information security. When relevant departments investigate according to law, they must actively cooperate and provide relevant records
(18) if online game operators provide virtual currency transfer services between users, they should take technical measures to keep the transfer records, and the relevant records should be kept for no less than 180 days< (19) all localities should cooperate with the public security organs to strictly punish online games with gambling color in accordance with the requirements of the notice on regulating the operation order of online games and banning gambling with online games (GTZ [2007] No. 3) issued by the Ministry of public security, the Ministry of culture and other departments, We will severely crack down on the illegal and criminal activities of gambling by using the virtual currency of online games
(20) online game operators are not allowed to allocate game props or virtual currency by drawing lots, betting, random selection and other accidental means on the premise that users directly invest cash or virtual currency
(21) online game virtual currency issuing and trading service enterprises should actively cooperate with the management department and take technical measures to crack down on "number theft", "private service" and "plug-in"
(22) the Ministry of culture shall notify the people's Bank of China of online payment services provided on the "private service" and "plug-in" websites of online games recognized by the Ministry of culture< (23) the cultural administrative departments at or above the provincial level shall investigate and deal with the enterprises that engage in the issuance and trading services of online game virtual currency without permission in accordance with the Interim Provisions on the administration of Internet culture
(24) for the online game virtual currency issuing and trading service enterprises that violate the requirements of this circular, the cultural administrative department and the competent commercial department shall notify them to rectify within a time limit. Those who fail to rectify within the time limit shall be investigated and dealt with by relevant departments according to law
(25) establish a coordination mechanism for the management of virtual currency in online games, and intensify the crackdown on illegal activities such as "number theft", "private service", "plug-in", illegal profits, money laundering, etc. All departments should regularly communicate, coordinate and cooperate with each other, timely report the relevant situation, and do a good job in the management of online game virtual currency within their respective responsibilities
(26) the online game virtual currency issued by the online game operation enterprise shall not coincide with the name of the props in the game. The administrative provisions for props in online games shall be formulated separately by the cultural administrative department of the State Council in conjunction with relevant departments
notice is hereby given<
Ministry of culture
Ministry of Commerce
June 4, 2009

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4.

Recently, the people's Bank of China held a national teleconference on money and gold and silver work in 2018. Fan Yifei, vice governor of the people's Bank of China, pointed out at the meeting that this year we should solidly promote the research and development of digital currency of the people's Bank of China, strive to improve the level of cash service, carry out the rectification and clean-up of all kinds of virtual currency, closely communicate and cooperate with relevant departments, and vigorously rectify the chaos in the field of cash circulation

Fan Yifei pointed out that the current work of currency gold and silver is facing new challenges, the traditional business environment has undergone major changes, the development of digital economy, the diversification of means of payment and the change of the public's habit of using banknotes have had a profound impact on the issuance and circulation of RMB, and the public has put forward new and higher requirements for the level of cash service“ The central bank's monetary gold and silver work needs to be continuously deepened in serving the real economy, effectively promoted in improving services for people's livelihood, and comprehensively strengthened in preventing and defusing risks. "

"commercial banks should give full play to the pivotal role of cash delivery and withdrawal, further do a good job in the issuance of ordinary commemorative coins, and effectively improve the public satisfaction; Further strengthen the cash analysis, improve the level of cash management, strengthen the management of large amount of cash, and effectively protect the people's demand for small denomination RMB; We will further strengthen the anti-counterfeiting work, strengthen internal control and management, and constantly improve the ability of employees and cash machines to intercept counterfeit money. " Fan Yifei said

5.
D

6. It depends on how you choose. Now the bitcoin trading platform is very chaotic. Many black stations and personal stations are constantly appearing, and the purpose is to attract money. Therefore, if you want to play bitcoin, you should polish your eyes and choose the enterprise website with good qualification, full certification and guaranteed security. Here to recommend a bitbao trading platform, you can understand.
7. No, but don't do anything illegal
the notice clarifies the nature of bitcoin, and holds that bitcoin is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and is not a real currency. In terms of nature, bitcoin is a specific virtual commodity, which does not have the same legal status as currency and cannot and should not be used as currency in the market. However, bitcoin trading as a commodity trading behavior on the Internet, ordinary people have the freedom to participate at their own risk

the notice requires that at this stage, all financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin as a central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability, and provide other bitcoin related services to customers directly or indirectly, Including: providing bitcoin registration, trading, clearing, settlement and other services for customers; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc

according to the notice, the bitcoin Internet website, as the main trading platform of bitcoin, shall be filed with the telecommunications administration according to the provisions of the Telecommunications Regulations of the people's Republic of China and the measures for the administration of Internet information services. At the same time, in view of bitcoin's high risk of money laundering and being used by criminals, the notice requires relevant institutions to perform the legal anti money laundering obligations such as customer identification and suspicious transaction report in accordance with the anti money laundering law of the people's Republic of China, so as to effectively prevent the money laundering risks related to bitcoin

in order to avoid excessive speculation of virtual commodities such as bitcoin in the name of "virtual currency" and damage the public interest and the legal tender status of RMB, the circular requires financial institutions and Payment institutions to correctly use the concept of currency in their daily work, pay attention to strengthening the ecation of the public's knowledge of currency, and correctly understand the concept of currency The concept of correctly treating virtual commodity and virtual currency, rational investment, reasonable control of investment risk, and maintenance of their own property security should be included in the content of financial knowledge popularization activities, so as to guide the public to establish a correct concept of currency and investment

in the future, the people's Bank of China will continue to pay close attention to the trend and related risks of bitcoin based on its own responsibilities (end)
8. Chapter I general provisions of the administrative measures of the people's Bank of China on the collection and identification of counterfeit currency, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on punishing crimes against financial order and the regulations of the people's Republic of China on the administration of RMB<

Article 2 These Measures shall apply to the collection of counterfeit currency by financial institutions handling money deposit and withdrawal and foreign currency exchange business, and the authentication of currency by the people's Bank of China and its authorized appraisal institutions

Article 3 the currency mentioned in these Measures refers to RMB and foreign currency. RMB refers to the currency legally issued by the people's Bank of China, including banknotes and coins; Foreign currency refers to the legal tender of other countries or regions within the territory of China (except Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan)
the term "counterfeit currency" in these Measures refers to forged or altered currency
counterfeit currency refers to the counterfeit currency which imitates the pattern, shape, color, etc. of the real currency and is made by various means
altered money refers to the counterfeit money which is made on the basis of real money by means of mending, uncovering, erasing, patching, shifting, reprinting and other methods to change the original form of real money
for the purpose of these measures, the financial institutions handling money deposit and withdrawal and foreign currency exchange business (hereinafter referred to as "financial institutions") refer to the business institutions of commercial banks, urban and rural credit cooperatives and postal savings
the appraisal institutions authorized by the people's Bank of China as mentioned in these Measures refer to the commercial banking institutions with the technology and conditions of currency authenticity appraisal and authorized by the people's Bank of China< Article 4 the counterfeit money collected by financial institutions shall be handed over to the local branches of the people's Bank of China at the end of each quarter, which shall be destroyed by the people's Bank of China and shall not be handled by any department on its own< Article 5 the people's Bank of China and its branches shall supervise and manage the collection and identification of counterfeit currency in accordance with these measures< Chapter II Collection of counterfeit money Article 6 if a financial institution finds counterfeit money when handling business, two or more business personnel of the financial institution shall collect it face to face. For counterfeit RMB banknotes, the word "counterfeit" shall be stamped on the face; The counterfeit foreign currency notes and various counterfeit coins shall be sealed with a special bag in a unified format, and the seal shall be stamped with the word "counterfeit currency", and the special bag shall be marked with currency, voucher type, denomination, number of sheets (pieces), number of crown words, collector, name seal of rechecker, etc. The financial institution that collects the counterfeit currency (hereinafter referred to as "the collecting unit") shall issue the certificate for the collection of counterfeit currency uniformly printed by the people's Bank of China to the holder, and inform the holder that if he has any objection to the authenticity of the collected currency, he may apply to the local branch of the people's Bank of China or the local appraisal institution authorized by the people's Bank of China for appraisal. The seized counterfeit currency shall not be handed over to the holder< Article 7 If a financial institution has any of the following circumstances in the process of collecting counterfeit currency, it shall immediately report to the local public security organ and provide relevant clues:
(1) more than 20 pieces of counterfeit RMB (including 20 pieces) and more than 10 pieces of counterfeit foreign currency (including 10 pieces) are found at one time
(2) making counterfeit money by new means of counterfeiting
(3) there are clues for manufacturing and selling counterfeit money< (4) the holder does not cooperate with the financial institution in the collection

Article 8 the personnel handling the business of collecting counterfeit currency shall obtain the anti counterfeit currency qualification certificate The anti fake currency qualification certificate shall be printed by the people's Bank of China. All branches, business management departments and central sub branches of provincial capital cities of the people's Bank of China are responsible for training and examination of relevant business personnel of financial institutions in their respective provinces (autonomous regions and municipalities directly under the central government) and issuing anti counterfeit currency qualification certificates

Article 9 a financial institution shall separately manage the collected counterfeit currency and establish a register for the collection and custody of counterfeit currency< Article 10 if the holder has any objection to the authenticity of the seized currency, he / she may, within 3 working days from the date of collection, file a written application for identification with the local branch of the people's Bank of China or the local appraisal institution authorized by the people's Bank of China, directly or through the collection unit, with the certificate of collection of counterfeit currency
the branches of the people's Bank of China and the appraisal institutions authorized by the people's Bank of China shall provide the service of appraising the authenticity of currency free of charge. After the appraisal, the appraisal certificate of currency authenticity uniformly printed by the people's Bank of China shall be issued and stamped with the special seal for currency appraisal and the name seal of the appraiser
the appraisal institution authorized by the people's Bank of China shall publicize the authorization certificate in its business place< Article 11 the branches of the people's Bank of China and the appraisal institutions authorized by the people's Bank of China shall, within 2 working days from the date of receiving the appraisal application, notify the collecting unit to submit the currency to be appraised
the collecting unit shall deliver the currency to be appraised to the appraisal unit within 2 working days after receiving the notice from the appraisal unit< Article 12 the branches of the people's Bank of China and the appraisal institutions authorized by the people's Bank of China shall issue the appraisal certificate of currency authenticity within 15 working days from the date of accepting the appraisal. If the project cannot be completed within the specified time limit e to complicated circumstances, it can be extended to 30 working days, but the reasons must be explained in writing to the applicant or application unit

Article 13 for RMB banknotes stamped with the word "counterfeit banknotes", if they are identified as genuine banknotes, the identification unit shall hand them over to the collecting unit and return them to the holder according to the face value. The holder's "certificate for collection of counterfeit banknotes" shall be recovered, and the people's banknotes stamped with the word "counterfeit banknotes" shall be treated as damaged RMB; If it is identified as counterfeit currency, the identification unit shall confiscate it, and issue a certificate of authenticity of currency and a receipt for confiscation of counterfeit currency to the collecting unit and the holder
if the collected foreign currency notes and coins are identified as real ones, the identification unit shall hand them over to the collecting unit and return them to the holder, and take back the certificate of collection of counterfeit currency; If it is identified as counterfeit currency, the identification unit shall return the counterfeit currency to the collecting unit and collect it according to law, and issue the certificate of currency authenticity to the collecting unit and the holder< Article 14 when the branches of the people's Bank of China and the appraisal institutions authorized by the people's Bank of China identify the authenticity of currency, at least two appraisers shall participate in the appraisal at the same time and draw an appraisal conclusion

Article 15 when the branches of the people's Bank of China Re count the returned money paid by a financial institution, they shall confiscate it after identification, issue a receipt for confiscation of counterfeit money to the paying unit, and require it to make up the returned money of the same amount

Article 16 if the holder has any objection to the specific administrative act of collecting or identifying counterfeit currency made by a financial institution, he may apply for administrative reconsideration to the branch of the people's Bank of China that directly supervises the financial institution or file an administrative lawsuit according to law within 60 working days from the date of receiving the certificate of collecting counterfeit currency or the certificate of identifying the authenticity of currency
if the holder has any objection to the specific administrative act of the branch of the people's Bank of China on the identification of counterfeit currency, he / she can apply for administrative reconsideration to his / her superior institution within 60 working days from the date of receiving the certificate of currency authenticity identification, or file an administrative lawsuit according to law< Article 17 If a financial institution commits one of the following acts, but does not constitute a crime, it shall be warned and fined by the people's Bank of China, and at the same time, it shall instruct the financial institution to give corresponding disciplinary actions to the relevant persons in charge and other persons directly responsible:
(1) failing to take over the counterfeit currency found
(2) failing to collect counterfeit currency in accordance with the proceres of these measures< (3) those who should report to the people's Bank of China and the public security organ but do not report< (4) intercepting or privately handling the collected counterfeit currency, or making the collected counterfeit currency flow into the market again
if the above behaviors involve fake RMB, financial institutions will be fined between 1000 yuan and 50000 yuan; In case of false foreign currency, financial institutions shall be fined less than 1000 yuan< Article 18 If an appraisal institution authorized by the people's Bank of China commits one of the following acts but does not constitute a crime, the people's Bank of China shall give it a warning and a fine, and at the same time instruct the financial institution to give corresponding disciplinary actions to the relevant person in charge and other persons directly responsible:
(1) refusing to accept the application for currency authenticity appraisal submitted by the holder or financial institution< (2) failing to identify counterfeit currency in accordance with the proceres stipulated in these measures
(3) intercepting or privately handling the counterfeit money identified or collected, or making the collected or confiscated counterfeit money flow back into the market
if the above-mentioned behavior involves fake RMB, the authorized appraisal institution shall be fined not less than 1000 yuan but not more than 50000 yuan; If fake foreign currency is involved, the authorized appraisal institution shall be fined less than 1000 yuan< Article 19 If a staff member of the people's Bank of China commits one of the following acts but does not constitute a crime, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions according to law:
(1) failing to identify counterfeit currency in accordance with the proceres of these measures
(2) refusing to accept the application for currency authentication or re authentication submitted by the holder, financial institution or authorized appraisal institution
(3) intercepting or privately disposing of counterfeit money identified, collected or confiscated, or making the collected or confiscated counterfeit money flow back into the market< Article 20 these Measures shall come into force as of July 1, 2003< Article 21 the people's Bank of China shall be responsible for the interpretation of these measures< Issued on April 9, 2003
9.

Today (August 26), there is a of the "Interim Measures for the administration of bitcoin trading activities (Draft for comments)" (hereinafter referred to as the "measures"). The bitcoin platform should be put on record in the central bank, and a third-party depository service for customers' funds should be established< relevant people of the central bank told reporters today that the above report is not true, and the central bank did not release this document


as early as 2013, the central bank and other ministries and commissions have issued a notice to make it clear that bitcoin is not issued by the monetary authority, has no monetary attributes such as legal compensation and mandatory, and is not a real currency. As of today's 12:15 or so, bitcoin prices hovered around 29000

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