Virtual currency loan litigation
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".
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
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 responsibility2. According to the Civil Procere Law of our country, we can sue in the court of the defendant's domicile or the place where the loan contract is performed
3. When suing, you need to prepare the indictment, copies of ID cards of both parties, loan contracts, transfer records and other relevant evidence materials in triplicate, two of which should be handed over to the court, and one should be kept by yourself for use ring the court session
4. Note that there is only a two-year limitation of action for loan disputes, which starts the next day after the debt matures.
If there is a dispute between citizens over borrowing and lending foreign currency, and the lender requests repayment in the same currency, it may be permitted. If the borrower does not have the same kind of currency, the repayment can be converted into RMB with reference to the local foreign exchange adjustment price at the time of repayment. If the lender claims to repay the interest, the interest may be calculated with reference to the foreign currency deposit interest rate of the Bank of China at the time of repayment
2. Article 12. in case of a dispute between citizens over borrowing and lending foreign currency or Taiwan dollar, the lender may be allowed to request repayment in the same currency. If the borrower does not have the same kind of currency, the repayment can be converted into RMB with reference to the local foreign exchange adjustment price at the time of repayment. If the lender claims to repay the interest, the interest may be calculated with reference to the foreign currency deposit interest rate of the Bank of China at the time of repayment
disputes arising from borrowing and lending foreign exchange certificates shall be handled according to the above principles
A civil action against a citizen shall be under the jurisdiction of the people's Court of the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's Court of his habitual residence. If the local court meets the above conditions, it can file a lawsuit against it
According to the relevant provisions of the civil procere law, Article 21, paragraph 1, a civil action against a citizen shall be under the jurisdiction of the people's Court of the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's Court of his habitual residence Article 23 a lawsuit brought for a contract dispute shall be under the jurisdiction of the people's Court of the place where the defendant has his domicile or where the contract is performed Article 28 a lawsuit brought for a tort shall be under the jurisdiction of the people's Court of the place where the tort is committed or where the defendant has his domicile Second, the Supreme People's court's interpretation on the application of the Civil Procere Law of the people's Republic of China Article 4 a citizen's habitual residence refers to the place where a citizen has resided continuously for more than one year from the time he left his residence to the time of prosecution, except the place where a citizen is hospitalized for medical treatment2, sixth defendants were cancelled registered residence, according to the twenty-second provisions of the civil procere law, jurisdiction; The plaintiff and defendant are all cancelled by registered residence, and shall be under the jurisdiction of the people's Court of the place where the defendant lives. The registered residence of p>
3 or seventh parties has not been settled after the residence registration has been moved out. Where there is a habitual residence, the people's Court of the people's court shall have jurisdiction over it. Where there is no habitual residence, the people's Court of the place where the original registered residence is located shall be under the jurisdiction. p>