Virtual currency charges
Publish: 2021-04-04 21:55:13
1. May involve illegal fund-raising and pyramid selling and other related criminal crimes
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
2. 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.
3. It must be a crime, and the virtual currency is also protected by the law, which is written by the property law. Thank you
the most popular team of Dahan coin Ruide in the market
the most popular team of Dahan coin Ruide in the market
4. For example, the game currency used in online games, in fact, is recharged with real currency, or the game reward (game equipment or level) you get for spending a lot of time and energy in the game. In a sense, it condenses your labor and forms the income of labor, so when others violate your virtual currency in the game, That is, it constitutes a crime
in the form of game fraud, game account theft, etc
in the form of game fraud, game account theft, etc
5.
It's not illegal
For example,
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the virtual currency represented by bitcoin is legal in China, which is defined as a special Internet commodity, and people can buy and sell freely at their own risk
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but it is illegal to carry out pyramid schemes under the guise of bitcoin. Now to create a virtual currency trading platform, we must record the website and implement real name authentication for users
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bitcoin is legal in most countries around the world, except that some small countries explicitly prohibit bitcoin
< / OL >
since 2003, the more popular virtual currencies are bitcoin, Laite coin, Fuyuan coin, doggy coin, Diablo coin, reborn coin and so on
6. First, virtual currency, such as bitcoin, or some game and network currencies, such as QB and some game gold coins, are all personal legal property. As long as an indivial legally obtains them, they will be protected
Second, transactions prohibited by the state, especially speculation and trading of the virtual currency are prohibited in China. However, banning trading does not mean that the virtual coin itself is illegal or worthless
for example, bitcoin, which China refuses to recognize as any regional chain block currency, also forbids trading and services, does not mean that bitcoin itself has no value. In the international trading system, bitcoin is recognized in some regions, And there is a corresponding value scale
when someone steals bitcoin or swindles bitcoin, the state will still treat it as theft or fraud, and the amount needs to be approved< At present, the transaction and pricing of virtual currency are prohibited in China, but the value and holding of virtual currency itself are not prohibited. As long as the currency is not defined as illegal, it is legal.
similarly, game currency is also recognized as legal property, but its transaction is prohibited by the state, which does not affect the corresponding legal liability caused by the infringement of virtual currency
Second, transactions prohibited by the state, especially speculation and trading of the virtual currency are prohibited in China. However, banning trading does not mean that the virtual coin itself is illegal or worthless
for example, bitcoin, which China refuses to recognize as any regional chain block currency, also forbids trading and services, does not mean that bitcoin itself has no value. In the international trading system, bitcoin is recognized in some regions, And there is a corresponding value scale
when someone steals bitcoin or swindles bitcoin, the state will still treat it as theft or fraud, and the amount needs to be approved< At present, the transaction and pricing of virtual currency are prohibited in China, but the value and holding of virtual currency itself are not prohibited. As long as the currency is not defined as illegal, it is legal.
similarly, game currency is also recognized as legal property, but its transaction is prohibited by the state, which does not affect the corresponding legal liability caused by the infringement of virtual currency
7. The strict meaning of q-coin is that you have to pay the real currency for the goods. The q-coin that you want to go to will be used as specified by QQ. However, the current currency with unlimited payment does not have it. It can only be used on Tencent and QQ
8. 1. Crimes of smuggling counterfeit money
2. Crimes of counterfeiting counterfeit money
3. Crimes of selling, buying and transporting counterfeit money
4. Crimes of financial staff buying counterfeit money and exchanging counterfeit money for currency
5. Crimes of holding and using counterfeit money
6. Crimes of altering currency
2. Crimes of counterfeiting counterfeit money
3. Crimes of selling, buying and transporting counterfeit money
4. Crimes of financial staff buying counterfeit money and exchanging counterfeit money for currency
5. Crimes of holding and using counterfeit money
6. Crimes of altering currency
9. The crime of counterfeiting currency refers to the behavior that the person without the right to make and issue currency, according to the external shape characteristics of the real currency, makes the fake currency with appearance enough to make ordinary people mistake it for the real currency, and intends to use it for exercise or make it into circulation. The crime involved in this case belongs to the crime of altering currency. The so-called crime of altering currency refers to the act of intending to circulate, processing and transforming the real currency with compulsory universal power, so as to change it into a larger denomination, or increasing the amount of money. The constitution of this crime has the following elements: (1) the act of altering currency is aimed at the real currency with compulsory universal power, and it is the act of processing and reforming the real currency with compulsory universal power by various methods; (2) to change money is not to change the original form of real money, but to process a part of real money to increase the denomination or quantity of real money; (3) the altered money must be "real money" with the nature of pseudo money, that is, the degree that the appearance is enough to make it difficult for ordinary people to find the altered counterfeit money under the habit of accepting money; (4) the amount of altered currency must be large. According to Article 6 of the Supreme People's court's interpretation on Several Issues concerning the specific application of law in the trial of counterfeit currency and other cases, a large amount of altered currency means that the total denomination of the altered currency is more than 2000 yuan but less than 30000 yuan. If the amount of money is not large, it does not constitute this crime. View & gt& gt;
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