Virtual currency in Beijing open class
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
China's regulatory authorities have stopped the issuance and trading of virtual currency, and China's policy does not allow the issuance of any virtual currency
China's top ten virtual currency trading platforms are bitcoin, okcoin, Huo coin, jucoin, yuncoin, BTCC, coin security, bitera and viabtc
on November 1, 2005, Qiu Hui found that three of the company's online accounts with virtual currency were frozen, so he unfrozen the three accounts and bought all the company's game cards with the virtual currency of 1624 519 karat, worth more than 162000 yuan. Qiu Hui sold the game cards to others at a low price, making a profit of more than 150000 yuan. On June 28, 2006, when Qiu Hui was investigated by the company, he admitted most of the facts of the crime and returned 120000 yuan to the company. The rest of the money was wasted by Qiu Hui
after the trial and judgment of the court of first instance, Qiu Hui refused and appealed to the second intermediate people's court
after hearing, the second people's court held that Qiu Hui, as a manager of the company, took advantage of his position to embezzle the company's money, and the amount was huge. His behavior constituted the crime of embezzlement and should be punished according to law. The judgment of the first instance is correct and should be upheld< br /> http://www.fcx114.com/cxbg/7451.html
The essence of money is the general equivalent. In the process of the continuous development and evolution of human history, it has gone through the stage of physical money, the stage of substitute money, and then entered the stage of credit money. In primitive society, people exchanged livestock, salt, shells and other hard to get goods as general equivalents
in the long history, the emergence of metal currency makes the economic life achieve unprecedented prosperity. However, e to the inconvenience of carrying metal money, paper money became the mainstream form of money. With the rapid development of modern information technology, e-money has come into our life
if the evolution process from physical money to value symbol paper money is the first qualitative leap in the history of money development, then the evolution process from paper money to electronic money is the second qualitative leap in the history of money development
from the perspective of money form, physical money itself is a commodity in addition to performing monetary functions; Paper money is a symbolic tool of value for commodity exchange and a credit currency; Electronic currency is the proct of highly developed Internet economy and continuous progress of bank payment and settlement technology. It not only has the function of traditional currency, but also can continuously improve digital currency
At the same time, the virtual money market based on electronic information is also booming. By the end of 2014, the number of Internet users in China had reached 632 million, including 517 million registered users in the online game market and 114.48 billion yuan of sales revenue, an actual increase of 37.7% over the previous yeara huge virtual space based on the Internet has been formally formed. As a kind of virtual currency with intrinsic value, convenient online trading behavior, low transaction cost, and service providers' issuance, it emerges as the times require
first of all, from the functional analysis. Virtual currency is a kind of transaction medium in the Internet virtual space, which has the function of value scale, but the value scale of virtual currency is different from that of legal currency
using virtual currency to purchase virtual procts and services can only be within the scope specified and allowed by the issuer of virtual currency (Internet operator), and the size of this scope depends on the number of virtual procts and services. If the virtual procts and services provided by the website are large enough, the scope of virtual currency will be large
the currency value of virtual currency depends on the pricing of virtual currency by issuers. When no currency can communicate between virtual cyberspace and reality, the pricing of procts and services is still based on real RMB. That is to say, when issuers of virtual currency price their own virtual currency, they should first convert the price of virtual currency based on RMB
now has a variety of payment methods for shopping, and few people go shopping in cash. WeChat pays, Alipay payment is the choice of many people. Recently, there is a new payment method for interview. The Shenzhen digital RMB red envelope, which was launched in Shenzhen, was officially launched, which aroused strong concern from all walks of life. The event will issue 10 million yuan of red envelopes to indivials in Shenzhen, each of which is 200 yuan, with a total of 50000 red envelopes. A total of 1913847 people in Shenzhen participated in the event, and eventually 50000 lucky people got the digital red envelope. The winning rate of the red envelope was about 2.6%, which could become & lt; Lucky & quot; It's not easy
What does the digital red envelope look like this time? This is also a hot topic on the Internet. As Xiaobian's friend is one of the lucky ones, he gave Xiaobian a detailed introction of this digital red envelope
it can be said that the digital RMB red envelope is a new payment method, which can be used directly without binding with the bank card. Now it is only in the probation period, and it is believed that it will be graally popularized across the country after improvement
a commemorative coin with the theme of "Panda". Panda Coin, which was first launched in 1982, is a representative proct of gold and silver commemorative coin in China. The people's Bank of China has authorized China Mint to make coins, which are divided into gold and silver. On the front of the coin are the national name of the people's Republic of China, the year of issue, and the landscape of the temple of heaven in Beijing; On the back of the coin, the image of panda with national artistic style is created by Chinese exquisite coining technology. It can be used as currency circulation and has a certain collection value.
just look at it. However, there are few reports on virtual currency, most of which are fraud. In the mainstream currency circle, it is often called digital currency. Digital currency is often reported. Recently, European crowdfunding is crowdfunding for the journey to the West.