The value of stolen virtual currency
According to the news on February 10, 2018, on September 4, 2017, seven ministries and commissions of the people's Republic of China issued the notice on preventing the financing risk of token issuance, which regulates the issuance of tokens. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, and it has no monetary attributes such as legal compensation and mandatory, It does not have the same legal status as currency and cannot and should not be used as currency in the market. Nevertheless, it is undeniable that all kinds of "virtual currency" still have a certain property value and are part of the property of the holder. So, how to identify the nature of the theft of such tokens
In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant casesstealing bitcoin
recently, a news report said that Haidian police in Beijing cracked a case of destroying computer information system. The suspect Zhong used his administrator's authority to modify the company's computer applications and steal 100 bitcoins. Before he could sell the stolen money, Zhong was arrested by the police. At present, Zhong was detained for the crime of destroying computer information system
it can be seen from the report that the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system. The crime of destroying the computer information system stipulated in Article 286 of the criminal law of our country refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the provisions of the state, resulting in the abnormal operation of the computer information system and serious consequences, or deleting, modifying or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences
In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected as a data or system function in a computer system. The author thinks that there is some irrationality in this wayfirst of all, in the notice on the prevention of bitcoin risk issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and does not have such monetary attributes as legal compensation and compulsion. Bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored
Secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail. Although only the protection of the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the futurefinally, from the relevant cases, we can also see the recognition of the property attribute of virtual currency such as bitcoin in China's judicial practice. In April and may 2013, Liu premeditated to set up a bitcoin trading platform, so he recruited Jin and Huang (both sentenced) to jointly set up a "bitcoin" trading platform. During this period, Liu, Huang, Jin, Jin and the defendant he, in addition to other acts of directly stealing customers' funds, also frequently cashed RMB by selling customers' bitcoins, and transferred 120 bitcoins from the website. Finally, the court convicted and punished the defendant for fraud, and the bitcoin transferred by the defendant was also included in the property loss of the victim. Therefore, from the judicial cases, we can also get the recognition of the property attributes of virtual currency such as bitcoin
based on the above reasons, the author thinks that it may be unreasonable to regulate the theft of virtual currency only as the crime of damaging computer information system. We should face up to the hidden property value and consider the application of the crime of infringing property in China's criminal law. Only in this way can we effectively protect the legitimate rights and property of digital currency holders in China
the police detained the perpetrator for stealing bitcoin on suspicion of damaging the computer information system
the crime of destroying the computer information system stipulated in Article 286 of the criminal law of the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding or interfering with the data and application programs stored, processed or transmitted in the computer information system Modifying or adding operations with serious consequences, or deliberately making or spreading destructive programs such as computer viruses, which affect the normal operation of the computer system with serious consequences
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it as a data or system function in a computer system. The author thinks that there is some irrationality in this way
first of all, in the notice on preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such as legal compensation and compulsion
bitcoin has four main characteristics: no centralized issuers, limited amount, no geographical restrictions and anonymity. Because it belongs to a specific virtual commodity in nature The notice also clearly mentioned that bitcoin does not have the same legal status as currency and should not be used as currency in the market. However, as a virtual commodity, the property value behind bitcoin cannot be ignored
secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail
although only the protection of network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the future
finally, from the relevant cases, we can also see the recognition of the property attributes of virtual currencies such as bitcoin in China's judicial practice.
ways:
1. Foreign exchange market trend is attached to the futures and foreign exchange quotation software
2. Foreign exchange quotation is also available on major financial websites
3. Exchange rate information can also be queried through the foreign exchange inquiry tool provided by mobile phone
4. Most mobile futures quotation software also has the main currency exchange rate quotation
notes:
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engineers steal millions of bitcoin from the company or face severe punishment
illegally obtaining data
the suspect is facing severe punishment
prosecutor Ji jingling, the undertaker of the case, said that according to Article 285 of China's current criminal law, it is serious to obtain the data stored, processed or transmitted in the computer information system in violation of national regulations, He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined
suspect Zhong Mou violates the state regulations, uses the technical means, obtains the data stored in the computer information system, and his behavior has violated the criminal law stipulation, the suspect is illegally obtains the computer information system data crime.
the prosecutor said that bitcoin and other "virtual currency" as a new Internet financial concept have been hot talked about by people. The central bank once issued risk tips on "virtual currency", emphasizing that China has not issued virtual currency, nor authorized any institutional company to issue it, let alone the promotion team. At present, the "virtual currency" in the market is non legal virtual currency
this case is the first case of bitcoin theft in Beijing. Although it is difficult to determine the value of bitcoin from a legal perspective, it will also violate the law if it exceeds its authority and illegally modifies the functions of computer information system, causing economic losses such as maintenance
as early as February 28, 2014, Mt. GOx, once the world's largest bitcoin dealer, filed for bankruptcy, claiming that at least 850000 bitcoins had been lost e to hackers and that it was also in debt of $65 million
the price fluctuation, security and criminal use of bitcoin are the common disputes in the development process of bitcoin. The scarcity and borderless characteristics of bitcoin make it a natural investment. It is reported that 95% of the closed bitcoin related venture projects are e to the theft of bitcoin. Due to the anonymity of bitcoin, it can hardly be recovered after being stolen.