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Government's supervision measures on virtual currency

Publish: 2021-05-09 08:47:57
1. At present, the integration of Internet finance laws and regulations in China
Internet finance is an emerging field combining the traditional financial instry with the Internet spirit. The spirit of "openness, equality, cooperation and sharing" of the Internet penetrates into the traditional financial instry, forming the unique characteristics of the Internet financial instry. In recent years, China's Internet finance instry has developed rapidly, but China's financial legal system generally does not pay enough attention to the new financial format of Internet finance. Although some Internet finance laws and regulations have been issued in succession, the Internet finance laws and regulations are generally less. The author lists the corresponding regulatory laws and regulations of the existing Internet finance model as follows:

first, the criminal law
Internet Finance access threshold is low, only by virtue of a computer, a set of 200 yuan source code can build a P2P network loan platform, so it is inevitable that some swindlers use the P2P network loan platform to cheat money and run away, It has caused huge losses to investors. Using the Internet to conct illegal activities may involve the following crimes:

Article 176 of the criminal law [crime of illegally absorbing public deposits] Whoever illegally absorbs public deposits or absorbs public deposits in disguise, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph<

Article 192 of the criminal law [crime of fraud in raising funds] Whoever illegally raises funds by means of fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property< On June 4, 2010, the people's Bank of China issued the measures for the administration of non financial institutions' payment services (No.2 [2010]). Article 1 of the measures stipulates that the purpose of the measures is to promote the healthy development of the payment service market, standardize the payment service behavior of non-financial institutions, and prevent payment risks, Protect the legitimate rights and interests of the parties. Article 2 of the measures specifies that the term "non-financial institution payment service" as mentioned in the measures means that non-financial institutions, as intermediaries, provide some or all of the following monetary fund transfer services between the payees and payers: (1) online payment 2 Issuance and acceptance of prepaid card 3 Bank card receipt 4 Other payment services determined by the people's Bank of China. The term "network payment" as mentioned in the Measures refers to the behavior of transferring monetary funds between payees and payers relying on public network or private network, including currency exchange, Internet payment, mobile phone payment, fixed phone payment, digital TV payment, etc. The term "prepaid card" as mentioned in these Measures refers to the prepaid value of goods or services issued for profit and purchased outside the issuing institution, including prepaid cards issued in the form of cards, passwords, etc. by adopting magnetic stripe, chip and other technologies. The bank card acquiring as mentioned in the Measures refers to the behavior of collecting monetary funds for special merchants of bank cards through point of sale (POS) terminals The administrative measures for payment services of non-financial institutions is an important regulatory regulation for third-party payment< On August 23, 2011, China Banking Regulatory Commission (CBRC) issued the notice on risk warning of Renren loan [2011] No. 254, which pointed out that in the current situation of tight bank credit, the intermediary companies of credit and loan services of Renren loan (peer to peer) are developing rapidly. This kind of intermediary company collects information of borrowers and lenders, evaluates borrowers' collateral, such as real estate, automobile, equipment, etc., and then matches them, and charges intermediary service fees. The media have made a lot of reports on the operation and influence of such intermediary companies, which has aroused much attention. In this regard, the CBRC organized a special investigation, found a large number of potential risks and gave tips. Thus, the notice is only a risk warning document for Renren loan

at the inter ministerial joint meeting of nine ministries and commissions on the disposal of illegal fund-raising held on November 25, 2013, the central bank clearly defined the illegal fund-raising behavior of P2P online lending instry, which mainly includes three types of situations: fund pool mode; fund pool mode; fund pool mode; The risk of illegal fund-raising caused by unqualified borrowers and Ponzi scheme<

3. Regulations on crowdfunding financing
recently, the securities and Exchange Commission (SEC) approved the draft regulation on crowdfunding financing. Crowdfunding financing for the public was approved by the "jump start our business startups act" (jobs act) in early 2012, that is to say, to provide services for various projects, enterprises and enterprises on the Internet The fund-raising of enterprises and even companies is confirmed by law. This is an important measure taken by the US government to regulate crowdfunding

on September 16, 2013, China Securities Regulatory Commission (CSRC) reported that some companies on taobao.com were suspected of issuing stocks without authorization, and called a halt. The suspension is based on the notice of the general office of the State Council on severely cracking down on issues related to illegal issuance of shares and illegal operation of securities business (GBF [2006] No. 99), which stipulates that "any shareholder of a company is strictly prohibited from transferring shares to the public by himself or by entrusting others in an open manner". So far, it is known as Chinese style "crowdfunding", that is, the behavior of issuing shares to the public by using the network platform is defined as "illegal securities activities" for the first time. Although the crowdfunding model is concive to solving the financing problem of small and medium-sized micro enterprises, considering the current legal framework, domestic crowdfunding websites can not simply the American model, and must find a crowdfunding road suitable for China's national conditions

according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal fund-raising, crowdfunding mode is almost easy to press the red line of violation in form, that is, it constitutes illegal fund-raising without permission, through public recommendation on the website, promising a certain return, and absorbing funds from non-specific objects. The United States legislates for crowdfunding. We can learn from the jobs act of the United States to regulate the crowdfunding model, but it still needs a graal process< On June 4, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the notice on strengthening the management of online game virtual currency (Wen Shi Fa [2009] No. 20), which stipulates that market access should be strictly enforced and the management of issuers and providers of online game virtual currency trading services should be strengthened. Engaging in "online game virtual currency trading service" business must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to legal currency purchase, online game operation enterprises shall not provide online game virtual currency to users in any other way. On July 20, 2009, the Ministry of Culture issued the declaration guide for "online game virtual currency issuing enterprises" and "online game virtual currency trading enterprises", which provides operational guidance rules for the declaration and approval work of operating Internet cultural units applying for "online game virtual currency issuing services"

on September 28, 2008, the State Administration of Taxation issued the official reply on the issue of personal income tax on the income of indivials from buying and selling virtual currency through the Internet (Guo Shui Han [2008] No. 818), which clarified the tax treatment of virtual currency, that is, the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of personal income tax, The indivial income tax shall be calculated and paid according to the item of "income from property transfer"

in short, the introction of a series of regulatory measures makes the regulation of virtual currency further clear, but the regulatory measures are only limited to the virtual currency in the game< On June 29, 2001, the people's Bank of China issued the Interim Measures for the administration of online banking business, but it was abolished in 2007

on January 26, 2006, the CBRC promulgated the measures for the administration of e-banking (CBRC Order No. 5, 2006). The term "e-banking" in the Measures refers to the use of communication channels or open public networks open to the public by commercial banks and other banking financial institutions, as well as the private networks established by banks for specific self-service facilities or customers, Banking services to customers. E-banking business includes banking business carried out by computer and Internet (hereinafter referred to as Internet banking business), banking business carried out by voice communication equipment such as telephone and telecommunication network (hereinafter referred to as telephone banking business), banking business carried out by mobile phone and wireless network (hereinafter referred to as mobile banking business), As well as other use of electronic service equipment and network, by the customer through self-service way to complete financial transactions of banking business The measures for the administration of e-banking is an important regulatory regulation for Internet banking< On September 20, 2011, China Insurance Regulatory Commission (CIRC) issued the notice of China Insurance Regulatory Commission (CIRC) on printing and distributing the measures for the supervision of Internet insurance business of insurance agents and brokers (Trial) (CIRC [2011] No. 53). The purpose of the measures is to promote the development of insurance agents and brokers The standard, healthy and orderly development of Internet insurance business of brokerage companies should effectively protect the legitimate rights and interests of the applicant, the insured and the beneficiary. In May 2012, China Insurance Regulatory Commission (CIRC) issued the notice on risk warning of Internet insurance business (CIRC notice [2012] No. 7), which gave risk warning to the majority of policyholders for the Internet insurance instry. In addition, on April 15, 2011, China Insurance Regulatory Commission (CIRC) issued the "Internet insurance business regulatory provisions (Draft)", which will be further improved in the near future

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

1
2
3
4. Protect the property rights and interests of the public, protect the legal tender status of RMB, prevent the risk of money laundering and maintain financial stability
5. Avoid excessive speculation in the name of "virtual currency" for virtual commodities such as bitcoin, which will damage the public interest and the legal tender status of RMB.
5. 3.15 has passed, but the government has done nothing about virtual currency. However, it is said that digital currency is one of the focuses of the government's crackdown. Before, P2P was checked, and many people ran away. Pyramid schemes of digital currency also emerge in endlessly, and it is normal for the government to investigate them. Before that, many rampant MLM coins have been severely investigated by the government
but not all virtual currencies are illegal, and many of them are excellent, such as bitcoin, Ruitai coin, Laite coin and other mainstream digital cryptocurrencies.
6. 1、 Criminal law
2. Special regulations
1. P2P network microfinance regulations
2. Third party payment regulations
3. Virtual currency regulations
4. Crowdfunding regulations
5. Internet insurance regulations
6. Internet Banking regulations
7. The biggest reason for the rise in the price of the graphics card is mining, and the secondary reason is the cost of the graphics card. For example, there is a shortage of graphics memory and the supply exceeds the demand

warm tips: the above information is for reference only, without any suggestions
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8. The first choice is the coin dragon net, and the user is also more, the feeling is still very stable and formal, with more convenient
9. Regulators talk about the supervision of virtual currency again. Why should virtual currency be supervised< p> Recently, the regulatory authorities reiterated their views on virtual currency, and then strengthened the supervision of virtual currency. This argument has attracted a lot of people's attention on the Internet. For a long time, virtual currency has been repeatedly banned on the Internet, which has caused many governments to have a headache. For example, bitcoin, which has been popular on the Internet before, has been admired by many people, and many people spend their time on it; Mining & quot; In recent years, the infatuation for bitcoin has reached a fanatical level. Recently, I believe many people have heard of dogcoin. As a similar proct of blockchain, dogcoin is a kind of virtual currency like bitcoin, which has set off a huge wave for people's social life

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

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