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Laws and regulations of virtual currency

Publish: 2021-03-31 13:36:09
1.

On June 28, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the "notice on strengthening the management of virtual currency in online games", which made it clear that virtual currency is expressed in the form of prepaid recharge card, prepaid amount or points of online games, but does not include game props obtained in game activities; Virtual currency shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises< The following is the full text of the Circular of the Ministry of culture and the Ministry of Commerce:
the Circular of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games
the cultural departments (bureaus) and commercial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the Cultural Bureau and commercial bureau of Xinjiang proction and Construction Corps, Beijing, Tianjin, Shanghai and Chongqing Ningxia Hui Autonomous Region Cultural market administrative law enforcement corps:
with the rapid development of online games, online game virtual currency is widely used in online game business services. The virtual currency of online games not only promotes the development of online game instry, but also brings new economic and social problems. Mainly reflected in: first, the lack of protection of user rights and interests; Second, market behavior lacks supervision; Third, the online game virtual currency in the use of disputes
in order to standardize the operation order of online game market, according to the spirit of Interim Provisions on Internet culture management, notice on Further Strengthening the management of Internet cafes and online games (Wen Shi Fa [2007] No. 10) and notice on standardizing the operation order of online games and banning the use of online game gambling (Gong Tong Zi [2007] No. 3), etc, With the consent of the people's Bank of China and other departments, the notice on strengthening the management of virtual currency of online games is as follows

2. Virtual property is not protected by law at present! Money in society is just a kind of special commodity to facilitate economic exchanges, which is issued by special state institutions. Moreover, money can not be issued indiscriminately. If the ratio between the currency in circulation and the country's GDP is out of balance, it may lead to one of two consequences: first, inflation. 2、 Economic crisis. Every year, the country carries out macro-control and evaluation on the gross output value of the economy, so as to determine the amount of money issued in the next year. To maintain the economic balance of the country. Now you can think about how money comes from in the virtual society of online games. The answer is very simple. Most of the money in the game is earned by killing monsters or virtual skills. No game has a special currency issuing agency. In other words, money can grow infinitely in the game. So inflation is very common in the game. Similarly, other virtual items in the game can be increased infinitely, regardless of the daily economic law, as long as they are used by appropriate means (such as plug-ins). If we link these two kinds of property completely affected by different economic laws, what will be the consequences?
3. With the rapid development of information instry in recent years, the Internet has entered the homes of ordinary people, and many people are not unfamiliar with virtual property. Small to the game equipment, virtual currency, big to QQ number, game account belongs to the category of virtual property. According to the calculation of relevant departments, last year, the scale of the domestic Internet virtual money market was more than 10 billion yuan, and this market is still growing at an annual rate of more than 20%. However, coins have two-sided properties, and the network itself has given birth to many unprecedented legal problems, which makes people at a loss. Such as network theft, right protection and other issues continue. According to the survey statistics of China Internet Network Information Center (CNNIC), "61% of the game players have experienced the theft of virtual property, and 77% of the game players feel that the current network environment is a threat to their virtual property.". These things that you and I are used to, for various reasons, may face illegal infringement and can not get right relief. The infringement of virtual property occurs from time to time, but most of them make the judicial authorities face such problems vaguely because of the lack of a clear and unified understanding in theory: either not to file a case, or to convict and sentence the defendant for the crime of infringing freedom of communication, or to sentence the defendant for the crime of theft. There are legal gaps in both civil and criminal aspects. From this point of view, the determination of the legal status of virtual property is the key to the problem. 2、 The legal status and necessity of virtual property there are two opposite views on the legal status of virtual property in China. The negative thinks that it has no value, only exists in the virtual society, and there is no need to protect it. The proponents think that the virtual property is obtained through personal labor, and there is no essential difference between the property that can circulate and the real social property, so it should be protected. In my opinion, under the current situation, it is necessary to bring virtual property into the scope of law 1 Virtual property has legal property attribute. 1. As a property, it must meet the following three conditions: first, it must have value; Second, there must be scarcity, that is, there must be no unlimited existence; Third, it must be legitimate. First of all, virtual property has value, which meets the requirements of value - undifferentiated human labor. The value of virtual property needs to consider time, money, intellectual skills, market supply and demand, game cycle, quantity and price of functional substitutes. Take QQ games as an example. These games all have levels. Players have to pay time and money to get to a higher level. The higher the level, the higher the value of this account in the market. Secondly, just like real objects, the equipment and game currency in the game are limited, and there are also specific objects and kinds of objects. As for legitimacy, that is obvious. 2. Virtual property has poured a lot of time, energy and money into the players. Although it can't be seen in the real society, it does exist. Just like the mobile phone number, it has positive significance for hundreds of millions of Internet users and can meet people's certain needs, including material and spiritual. In this respect, it is also in line with the nature of intangible property, which belongs to intellectual property (Liu Chuntian: Director of intellectual property teaching and research center of Renmin University of China). 3. Virtual property can be controlled by manpower, including deletion, modification, use and transfer. Therefore, virtual property has the property attribute in law 2 Virtual property transaction has a great impact on the real society. Mainly in two aspects: 1, the reality of a large number of virtual goods trading status. Online property such as game currency has initially been able to be exchanged with RMB, and some online game operators even take the sale of virtual property as their profit model (so this year, 14 ministries and commissions, including the Ministry of culture, jointly issued the notice on Further Strengthening the management of Internet cafes and online games). It is necessary to strengthen the regulation and management of virtual currency in online games, prevent the impact of virtual currency on the real economic and financial order, and limit the total amount of virtual currency. 2. Network theft of virtual property is also happening in large numbers. The current situation of network theft is that the theft mode of collectivization and instrialization endangers the survival of the Internet. Therefore, whether from the current situation of virtual goods trading or network theft, it shows the urgency of virtual property protection 3 It is the requirement of building a good faith and friendly society. Nowadays, the theft of property in reality has moved to the Internet, such as the theft of virtual property and other infringement events can not but be said to be a reflection of the real society. Since the Internet has been developing in China for a long time, we should try our best to purify this land. If we can effectively curb such behavior on the Internet, it will have a good role in promoting the construction of a good faith and friendly society. Containment can only be regulated by law. As a special property right of users, whether the network virtual property can be incorporated into the legal system of our country determines whether the judicial department can directly apply the laws of our country to protect the legitimate rights and interests of citizens. Therefore, it is necessary to correct the name of virtual property in law. Only when the name is correct, can we have the basis to formulate various laws and regulations to protect citizens' property more effectively. 3、 The protection of virtual property must admit that the protection of virtual property is still in the stage of theoretical exploration in China, and the debate has never stopped. In the face of this new phenomenon, it seems that it is not enough to only consider the traditional legal model. Therefore, we need to solve this problem with innovative thinking and appropriate reference to foreign advanced legal model 1 The interpretation and supporting provisions of the property law. People have high expectations for the recently passed property law, but there are no relevant provisions on virtual property in this law. For the lack of this aspect, we can consider to be reflected in the subsequent legislative or judicial interpretation, in order to improve the function of the property law, so that the law can protect citizens' property more thoroughly 2 Criminal law protection. We can consider adding charges or expanding the interpretation of property in the criminal law. As mentioned above, the judicial authorities have totally different opinions on the cases of infringement of virtual property. The same case but different qualitative may send a bad signal to the society. Under the existing legal framework of China, it is completely feasible to expand the interpretation according to a new situation 3 We should attach importance to the role of precedents. For example, after the first case of Internet theft in China was tried by Shenzhen court, it has played a good exemplary role for other courts to deal with similar issues. We can see that more and more courts recognize the legal status of virtual property and fictitious property. In the judgment of a local court in Jiangxi Province, it clearly recognized that virtual property belongs to the property protected by law. The court held that although there are still no relevant laws and regulations on the identification of virtual property in China, virtual property and real property have common interests in possession, use and income, which should also be protected by law 4 The way of administration. Government departments should also do a lot in this regard. We can formulate relevant laws and regulations to strengthen the management of network companies and Internet cafes, improve the registration system, make it clear that the legal network virtual property is protected by law, and punish the infringement of other people's legal network virtual property. Strictly implement the real name identity system of online games, and establish the reporting center for virtual property infringement 5 Some experiences of developed countries and regions are worth thinking and learning. Take South Korea, the most developed country of online games, as an example. When the game instry started to develop, it was also faced with the same confusion as we are now. It went to the two extremes of ignoring and over limiting, but it did not receive good results. After re examining the virtual transaction, South Korea finally recognized the legitimacy of virtual goods in law, and virtual transaction was also protected by law. Not long ago, South Korea proposed to further prohibit the intermediary services of virtual currency transaction, and formulated the "game instry revitalization law". Many developed countries and regions in the world, such as South Korea, Japan, Switzerland, Taiwan, Hong Kong and so on, have clearly recognized the value of "network virtual property" in legislation and judicature, and have been regulated by criminal law, and there have been criminal judgments against infringement of network virtual property. Some countries make it clear that virtual property has independent property value, which is the same as the traditional meaning of "property", and include virtual property into the object category of traditional property crime; Some countries, such as Switzerland, have expanded the system of traditional property crimes and created new ones, such as the crime of illegally obtaining data. Law comes from life, but it is higher than life. When the problem comes, we can only deal with it actively, but not evade and let it go. We should play an active role in guiding and maintaining the law. The market scale has reached tens of billions of huge market, if the lack of effective legal management, the network world will enter a disordered state of chaos, and then spread to the real society, if not timely and properly solve this legal problem, it will have a great impact on the personal property of citizens and social stability, but also against the original intention and essential requirements of building a harmonious society.
4. There's a fart about the market value of virtual goods. There are some
5.

There is no law in China to ban bitcoin, so it is not illegal to mine and earn bitcoin

it is not illegal to buy bitcoin in China. In 2013, five ministries and commissions jointly issued the bitcoin risk notice, which states that although bitcoin does not belong to legal tender and is not legally compulsory, people can freely participate in bitcoin trading activities when they voluntarily undertake risks

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"notice" clearly defines the nature of bitcoin, and holds 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. 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, as a kind of commodity trading on the Internet, ordinary people have the freedom to participate in bitcoin trading at their own risk

the notice requires that at this stage, 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 in 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

in order to avoid over hype 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

source of reference: People's website bitcoin network virtual currency

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
7. Hello, landlord, there must be criminal law in the national laws and regulations related to Internet finance, and there are also some special regulatory regulations, such as:
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
8.

The financial laws in China's financial supervision mainly include: Law of the people's Bank of China, commercial bank law, bill law, guarantee law, insurance law, securities law, trust law, securities investment fund law and banking supervision and management law

Financial laws and regulations mainly include: Regulations on the administration of savings, regulations on the administration of enterprise bonds, regulations on the administration of foreign exchange, measures for banning illegal financial institutions and illegal financial business activities, and measures for punishing illegal financial acts

regulations on the administration of RMB, Interim Regulations on the board of supervisors of key state-owned financial institutions and regulations on the real name system of indivial deposit accounts

regulations on financial asset management companies, regulations on the revocation of financial institutions, regulations on the administration of foreign insurance companies, regulations on the administration of foreign banks and regulations on the administration of futures trading

Interim Measures for the administration of central enterprise bond issuance, regulations on risk management of securities companies, regulations on supervision and administration of securities companies, etc

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financial supervision system is the way and organizational system of responsibility division and power distribution of financial supervision. The main international financial supervision system can be divided into two-line multi supervision system, one-line multi supervision system and single supervision system

Financial supervision system is the proct of the history and national conditions of various countries. The basic principle of establishing the mode of supervision system is not only to improve the efficiency of supervision and avoid excessive overlapping and mutual restriction of responsibilities, but also to pay attention to the mutual restriction of power and avoid excessive concentration of power

in the case that the supervision power is relatively concentrated in one supervision subject, scientific and reasonable division of internal power and division of responsibilities must be implemented to ensure the correct exercise of supervision power

on April 27, 2018, the guidance on standardizing the asset management business of financial institutions was officially released, which is referred to as the "new asset management rules" in the instry

the establishment of major policy standards such as breaking rigid cashing, banning multi-layer nesting and restraining channel business will promote the development of the asset management instry to return to its original source, and the licensees with prudent investment strategy will usher in major strategic advantages

If a country wants to develop its economy, the first problem is money. With money, government agencies can pay civil servants, and various national policies can be implemented. There are two types of state institutions related to money: financial institutions and government institutions

Financial institutions in financial institutions, the State Council is the big boss. He has three financial institutions under his command: the central bank, the China Banking and Insurance Regulatory Commission and the China Securities Regulatory Commission

(1) people's Bank of China. Her daily work is printing and distributing banknotes, regulating currency circulation and guiding banking business. Among them, it is very important to guide the banking business, because the major banks are directly exposed to money, and the banks themselves are divided into policy banks and commercial banks

Policy banks are non-profit institutions, and the state needs to seek loans if it wants to carry out construction

Commercial banks, profit-making institutions, are closely related to the common people, such as the Agricultural Bank of China, instrial and Commercial Bank of China, Bank of China and China Construction Bank

the main management currency of the above institutions is RMB, and foreign currency is also managed by the central bank. However, she gave the job to the foreign exchange administration to manage foreign exchange

(2) CIRC

the people's Bank of China mainly controls the economy by sending jobs to banks, so the institution that supervises banks will mention CIRC, which mainly manages the daily operation of banks, such as banks want to open branches, changes in senior executives, etc. The CIRC also administers non bank financial institutions and insurance institutions

in 2018, the two committees merged the China Banking Regulatory Commission and the China Insurance Regulatory Commission into the China Banking and Insurance Regulatory Commission, because China's financial model has changed and entered the era of mixed operation, with frequent cross operations among various businesses, serious problems such as regulatory overlap and regulatory vacuum, and some new financial institutions, such as wealth companies, need the coordination of the two regulatory bodies, Otherwise, there will be a regulatory blind spot

the central bank and the CIRC have a lot of business intersection, and usually cooperate with each other, but the specific work is still different, the central bank is the business guidance, and the CIRC is the regulatory operation

(3) the terms "stocks, funds and futures" of China Securities Regulatory Commission (SFC) may be familiar to investors. The institutions that can operate these businesses are all elites among the elites, referred to as "jingzhongying" for short. If these institutions are not managed properly, the stability of the financial market will be affected unprecedentedly. It is the SFC that manages them

for example, if an enterprise wants to be listed, it needs to go to the CSRC for approval. Only when it is approved by the CSRC, the stock exchange will be ready and the enterprise can issue shares

the central bank, the China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission all perform their respective ties and manage their own affairs, which are equal level relationships. They are the national financial institution system

2. The government should have its own department to manage the money, otherwise, how to deal with the tax collected? How to pay civil servants' wages? It's called the Ministry of finance, whose main responsibilities are: setting tax policies, issuing treasury bonds, and managing government revenues and expenditures

Because the Ministry of finance is a national institution, its structure has the typical characteristics of the government

Their working mode is also very simple: the Ministry of finance makes policies, the Department of Finance implements them, and the finance bureau implements them

The relationship between the central bank and the Ministry of finance is under the leadership of the State Council

when the state wants to manage the economy, it needs the cooperation of two institutions, such as "deleveraging" in recent years, the central bank makes banks "tighten", that is, less lending to enterprises, and the Ministry of finance should follow up "tightening", that is, the government should also spend less

summary of laws and regulations related to Internet Finance:

according to the people's Bank of China, Ministry of instry and information technology, Ministry of public security, Ministry of finance, State Administration for Instry and commerce, Legislative Affairs Office of the State Council, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission

the guidance on promoting the healthy development of Internet Finance (YF [2015] No. 221, hereinafter referred to as the guidance) jointly issued by the state Internet Information Office on July 28, 2015

at present, China's legal Internet Finance formats include: Internet payment, Internet lending, equity crowdfunding, Internet fund sales, Internet insurance, Internet trust and Internet consumer finance

in addition to the traditional laws and regulations and regulatory systems and policies, the regulatory provisions specifically for new formats mainly start from the regulation of third-party payment institutions in the people's Bank of China Document No. 2 (administrative measures for payment services of non-financial institutions) in 2010 (it is generally believed that the development and supervision of payment business is also a landmark event in the development of China's Internet finance instry)

Document No. 221 (guidance) issued by ten ministries and commissions in 2015 is not only a comprehensive summary, carding and confirmation of Internet Financial formats in recent years, but also a programmatic and "guiding" document for the implementation of regulatory policies in the future

On August 23, 2011, China Banking Regulatory Commission (CBRC) issued the notice on risk warning of Renren loan [2011] No

this kind of intermediary companies collect information about borrowers and lenders, evaluate borrowers' collateral, such as real estate, cars, equipment, etc., then match them, and charge intermediary service fees

a lot of reports have been made on the operation and influence of such intermediary companies by the relevant media, which has aroused much attention. In this regard, the CBRC organized a special investigation, found a large number of potential risks and gave tips

It can be seen that the notice is only a risk warning document for Renren loan. At the inter ministerial joint meeting of nine ministries to deal with illegal fund-raising held on November 25, 2013, the central bank clearly defined the illegal fund-raising behavior of P2P network lending instry

mainly includes three types: fund pool mode; The risk of illegal fund-raising caused by unqualified borrowers and Ponzi scheme< On June 4, 2010, the people's Bank of China issued the measures for the administration of payment services of non financial institutions (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, regulate the payment service behavior of non-financial institutions, prevent payment risks, and protect the legitimate rights and interests of the parties

Article 2 of the measures specifies that the payment services of non-financial institutions referred to in the Measures refer to the following part or all of the monetary fund transfer services provided by non-financial institutions as intermediaries between the payees and payers:

(1) online payment

(2) issuance and acceptance of prepaid cards

(3) bank card receipt

(4) other payment services determined by the people's Bank of China

the term "online payment" in the Measures refers to the behavior of transferring monetary funds between the payee and the payee 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 in the Measures refers to the behavior of collecting monetary funds for the bank card merchants through the 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 June 4, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the notice on strengthening the management of virtual currency in online games (Wen Shi Fa [2009] No. 20), which stipulates that market access should be strictly enforced and the management of issuers and providers of virtual currency trading services in online games 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 service"< On September 28, 2008, the State Administration of Taxation made clear the tax treatment of virtual currency in the reply to the issue of personal income tax on the income of indivials from online trading of virtual currency (Guo Shui Han [2008] No. 818)

that is to say, 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 indivial income tax, which should be calculated and paid according to the item of "income from property transfer"

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