Personal trading virtual currency personal credit record

1.

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 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) 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(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn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 responsibility

2. According to the official reply of the State Administration of Taxation on the issue of indivial income tax on the income of indivials from buying and selling virtual currency through the Internet (GSH [2008] No. 818), 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, The indivial income tax shall be calculated and paid according to the item of "income from property transfer". The original value of an indivial's property in selling virtual currency is the price and related taxes paid for his purchase of network virtual currency. If an indivial is unable to provide evidence of the original value of his property, the original value of his property shall be verified by the competent tax authorities.

3. No, the money is your own. You can buy anything you want, except guns, ammunition, drugs, whoring and nothing else

4. As long as the price is reasonable, it is not illegal for both parties to trade voluntarily. It's like you have an old TV set that you want to sell and someone wants to use. It's not against the law to negotiate the price and pay for it and deliver it.

5. There are no strict restrictions on the issuance of virtual currency in China, but the premise is that illegal activities are not allowed. There is no need to apply to issue a virtual currency in China. Virtual currency is still in a gray area in China. bitcoin, Ruitai coin, Laite coin and so on are well-known in China.

6.

There are two reasons for the prohibition of virtual currency trading by the state:

1. The price fluctuates violently and the consumer protection is lacking:

virtual currency is the proct of network, and the digital information flowing in the network is beyond everyone's control. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code

bitcoin and other so-called "virtual currencies" lack a clear value basis, the market is full of speculative atmosphere, the price fluctuates violently, and investors blindly follow suit, which is easy to cause capital losses

2. Evade supervision and become the "accomplice" of criminal activities:

bitcoin is popular as a payment tool in the so-called "dark web" world“ The "dark net" is full of all kinds of serious criminal activities. One of the original intentions of the invention of bitcoin is to evade regulation. It has the characteristics of anonymity and convenient cross-border flow, and has become the preferred tool of "underground economy"

the existence of bitcoin and exchanges and other instrial chains has constructed a illegal financial market for asset transfer and financing in addition to legal currency, increased the difficulty of regulatory authorities in managing financial security and stability, and promoted regulatory arbitrage and financial crimes. The risks and social security risks it brings to the financial market are far higher than its innovative value

extended information

virtual currency transactions are not protected by law:

according to the notice on preventing bitcoin risks issued by the people's Bank of China and other departments on December 3, 2013 and the announcement on preventing financing risks of token issuance issued by seven ministries and commissions including the people's Bank of China on September 4, 2017, virtual currency is not issued by monetary authorities, It is not a real currency because it does not have the monetary attributes of legal compensation and compulsion

in terms of nature, virtual currency should be a specific virtual commodity, which does not have the same legal status as currency, and can not and should not be used as currency in the market. Although citizens' investment and trading in other virtual currencies are personal freedom, they can not be protected by law

7. Buying and selling virtual currency is not protected by law, but some pyramid schemes use virtual currency. Many cheaters have been arrested.

8. Because the Chinese government does not recognize the legitimacy of foreign digital currency, it is illegal for indivials to resell, and the risk is not protected by law. It is also illegal for indivials to resell the digital currency of RMB. It's as illegal as selling RMB notes. It can only be used for personal consumption or use. No trading.

9. In short, as long as it is at this moment can also be recharged with RMB online game currency is legal (QB illegal or not, I am not sure); The current constitution has no special provisions on network and virtual currency, and there is a huge legal gap. See the end of the article for the laws and regulations on virtual currency

Yuanbao QB and other virtual currencies (tokens) that are unilaterally recognized by game operators are only limited to those that are monetary in nature within a single scope and allow virtual game commodity transactions (personal understanding); In accordance with the law of the people's Republic of China on the Central People's Bank, the people's Bank of China, under the leadership of the State Council, independently implements monetary policy, performs its ties and concts its business in accordance with the law, free from interference by government departments, social organizations and indivials at all levels. Therefore, the right to issue currency in China is absolutely controlled by the state, and any other form of currency is not recognized by the central government; As early as June 24, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games, which stipulates that the same enterprise can not operate the issuance and transaction of virtual currency at the same time, and virtual currency can not be used to purchase physical goods, so as to prevent the possible impact of virtual currency in online games on the real financial order, The principle of strict market access and strengthening subject management shall be implemented to standardize the issuance of virtual currency and allow qualified parties to issue virtual currency and provide services Relevant laws and regulations cited: Interim Provisions on the administration of Internet culture, notice on Further Strengthening the administration of Internet cafes and online games, notice on standardizing the operation order of online games and banning the use of online game gambling, and decision of the State Council on Setting Administrative License for administrative examination and approval projects that really need to be retained.)