Civil action of purchasing virtual currency
Publish: 2021-05-08 22:46:08
1. It is a civil economic dispute< There are two types of economic disputes:
one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc
Second, economic tort disputes; Such as intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights infringement disputes. In the market economy, the contract is a legal and universal form in which the equal market subjects establish the transaction relationship, jointly implement the transaction behavior, and pursue and realize the economic purpose. Therefore, the contract dispute is the main part of the economic dispute
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency 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), grain silver (used for bixue Qingtian game), and popular digital currencies in 2013, such as bitcoin, Laite currency, Fuyuan currency, etc. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitkin, Wright silver".
one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc
Second, economic tort disputes; Such as intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights infringement disputes. In the market economy, the contract is a legal and universal form in which the equal market subjects establish the transaction relationship, jointly implement the transaction behavior, and pursue and realize the economic purpose. Therefore, the contract dispute is the main part of the economic dispute
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency 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), grain silver (used for bixue Qingtian game), and popular digital currencies in 2013, such as bitcoin, Laite currency, Fuyuan currency, etc. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitkin, Wright silver".
2.
It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational
extended information:
after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases
According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:1
The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filedunder any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted
(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime (2) the time limit for prosecution has expired (3) exemption from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibility3. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
4. If the amount of fraud reaches the standard of the crime of fraud, it is a criminal case
according to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.
according to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.
5. First of all, based on China's relevant policies, ic0 projects and exchanges are all relocated abroad. If the issuance of foreign tokens has no impact on domestic civil or criminal law, then the laws or regulatory rules of other countries will apply, and will not be governed by domestic laws. Investors' rights protection or accountability are concted overseas
secondly, if rights are protected within the territory of our country, according to our legal system, legal liability can be divided into criminal liability, civil liability and administrative liability. In China, the issuance and financing of virtual currency is prohibited, and there is no relevant regulatory agency, so investors can only investigate the criminal and civil liabilities of the corresponding parties
1. Criminal responsibility
however, assuming that there are some cases that may involve criminal crimes, such as online breaking or even later returning to zero, futures trading being manipulated by the platform, and in line with the provisions on jurisdiction in China's criminal law, the corresponding legal provisions should be applied in combination with their criminal acts< According to the provisions of articles 6 to 9 of the criminal law on the principle of criminal jurisdiction, China's criminal jurisdiction can be divided into the following four categories:
(1) territorial principle: if one of the acts or results of a crime occurs within the territory of the people's Republic of China (including ships or aircraft), China's criminal jurisdiction shall apply unless otherwise specified by law< (2) principle of person: if a citizen of our country commits a crime stipulated in this law outside the territory of the people's Republic of China, the criminal law of our country shall apply. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, he may not be investigated. The criminal law of the people's Republic of China shall apply to any state functionary or serviceman who commits any crime specified in this law outside the territory of the people's Republic of China< (3) principle of protection: If foreigners commit crimes against our country or citizens outside the territory of the people's Republic of China and the minimum penalty prescribed in this law is fixed-term imprisonment of not less than three years, the criminal law of our country can be applied, except those who are not punished according to the law of the place where the crime is committed< (4) general principle: This Law shall apply to crimes stipulated in international treaties concluded or acceded to by the people's Republic of China over which the people's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations
for example, there are illegal means in breaking and manipulating the price of virtual currency in the exchange when it goes online. Although virtual currency does not belong to the category of securities recognized by our country, making profits through this illegal way may also violate the charges of illegal sale of token bills, illegal issuance of securities, illegal fund-raising and financial fraud in our criminal law, Then investors can take measures to protect their rights in China, such as reporting to the public security organs
2. Civil liability
in civil and commercial activities, we mainly follow the principles of equality, voluntariness, fairness and good faith. With the development of China's securities market, there are many civil cases in which investors defend their rights to A-share companies. However, because China has not yet included virtual currency into the scope of securities, there is no case of civil liability for manipulating the price of virtual currency, Therefore, it is difficult for investors to protect their rights through civil litigation
in addition, based on the relativity of civil legal relationship, even if the underlying assets and projects of overseas ic0 projects are in China, most of them have built overseas structures, so it is difficult for investors to break through the relative relationship and recover the actual project subject responsibility of ic0.
secondly, if rights are protected within the territory of our country, according to our legal system, legal liability can be divided into criminal liability, civil liability and administrative liability. In China, the issuance and financing of virtual currency is prohibited, and there is no relevant regulatory agency, so investors can only investigate the criminal and civil liabilities of the corresponding parties
1. Criminal responsibility
however, assuming that there are some cases that may involve criminal crimes, such as online breaking or even later returning to zero, futures trading being manipulated by the platform, and in line with the provisions on jurisdiction in China's criminal law, the corresponding legal provisions should be applied in combination with their criminal acts< According to the provisions of articles 6 to 9 of the criminal law on the principle of criminal jurisdiction, China's criminal jurisdiction can be divided into the following four categories:
(1) territorial principle: if one of the acts or results of a crime occurs within the territory of the people's Republic of China (including ships or aircraft), China's criminal jurisdiction shall apply unless otherwise specified by law< (2) principle of person: if a citizen of our country commits a crime stipulated in this law outside the territory of the people's Republic of China, the criminal law of our country shall apply. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, he may not be investigated. The criminal law of the people's Republic of China shall apply to any state functionary or serviceman who commits any crime specified in this law outside the territory of the people's Republic of China< (3) principle of protection: If foreigners commit crimes against our country or citizens outside the territory of the people's Republic of China and the minimum penalty prescribed in this law is fixed-term imprisonment of not less than three years, the criminal law of our country can be applied, except those who are not punished according to the law of the place where the crime is committed< (4) general principle: This Law shall apply to crimes stipulated in international treaties concluded or acceded to by the people's Republic of China over which the people's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations
for example, there are illegal means in breaking and manipulating the price of virtual currency in the exchange when it goes online. Although virtual currency does not belong to the category of securities recognized by our country, making profits through this illegal way may also violate the charges of illegal sale of token bills, illegal issuance of securities, illegal fund-raising and financial fraud in our criminal law, Then investors can take measures to protect their rights in China, such as reporting to the public security organs
2. Civil liability
in civil and commercial activities, we mainly follow the principles of equality, voluntariness, fairness and good faith. With the development of China's securities market, there are many civil cases in which investors defend their rights to A-share companies. However, because China has not yet included virtual currency into the scope of securities, there is no case of civil liability for manipulating the price of virtual currency, Therefore, it is difficult for investors to protect their rights through civil litigation
in addition, based on the relativity of civil legal relationship, even if the underlying assets and projects of overseas ic0 projects are in China, most of them have built overseas structures, so it is difficult for investors to break through the relative relationship and recover the actual project subject responsibility of ic0.
6. The following is the full text of the Interim Measures for the administration of online games issued by the Ministry of culture of the people's Republic of China:
Decree No. 49 of the Ministry of culture of the people's Republic of China
the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<
Minister Cai Wu
June 3, 2010
Interim Measures for the management of online games
Chapter I General Provisions
Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations
Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc
the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data
online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system
online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities
Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony
Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":
(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations
Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity
Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change
the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:
(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content
the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online
Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:
(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review
Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law
If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations
for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game
Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review
in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change
the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc
Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<
online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty
online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet
Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:
(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures
(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means
Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:
(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:
(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed
(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to
Decree No. 49 of the Ministry of culture of the people's Republic of China
the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<
Minister Cai Wu
June 3, 2010
Interim Measures for the management of online games
Chapter I General Provisions
Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations
Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc
the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data
online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system
online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities
Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony
Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":
(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations
Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity
Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change
the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:
(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content
the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online
Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:
(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review
Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law
If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations
for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game
Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review
in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change
the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc
Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<
online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty
online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet
Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:
(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures
(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means
Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:
(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:
(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed
(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to
7.
With the rapid popularization of mobile payment, people have endless reverie about "cashless society". China is the most widely used country in the world, and also one of the countries closest to "cashless payment". However, only relying on mobile payment can not meet the reform requirements of the digital financial era, so the concept of "digital currency" with a deeper focus came into being
it is understood that in the future, the central bank will not directly issue digital currency to the public, but adopt a two-tier operation system. The central bank will first convert the digital currency to banks or other operating institutions, and then these institutions will convert it to the public. The central bank's legal digital currency will be pilot in some scenarios in the early stage, and then further promoted after it is more mature, For the sake of safety, the pilot exit mechanism will be well designed
8. Virtual currency does not belong to electronic currency. There's a bit of a similarity. E-money is the electronic circulation of money, that is to say, the fundamental nature of e-money and money is the same. Virtual currency, from the beginning of q-coin game currency to the present bitcoin, bcbot and other digital currencies, belongs to virtual currency, which belongs to the activity of decentralization that has not been recognized, although digital currency also has some attributes of electronic currency.
9. You and a friend constitute a commission contract relationship, even if it is free, in the case of his gross negligence, still have to bear the responsibility for compensation
it is impossible to find out the reason for the loss, which may involve criminal crimes. It is recommended to call the police first
if the police do not file a case, civil recovery will be considered.
it is impossible to find out the reason for the loss, which may involve criminal crimes. It is recommended to call the police first
if the police do not file a case, civil recovery will be considered.
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