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China, Japan and South Korea regulate virtual currency

Publish: 2021-04-13 23:13:10
1. 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 the control of all people. 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<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.
2.

In 2013, the people's Bank of China issued the notice on preventing bitcoin risks. Later, it was reported that the people's Bank of China had an interview with more than 10 third-party payment companies, explicitly requiring them not to provide payment and clearing services to bitcoin, lightcoin and other trading websites. The price of bitcoin in China has dropped all the way from about 7000 yuan to 3300 yuan. More analysis says that bitcoin will withdraw from China. Is that true

However, at present, the security risks of bitcoin have not been fully exposed

the overall risk increases

it must be admitted that the government's increased supervision leads to the further increase of the risk of bitcoin trading

moreover, the transaction threshold is obviously higher than before

In essence, as a means of investment, the risk of bitcoin is self-evident. If there is no final person to take over the offer, even if bitcoin is in short supply, it lacks real value and only has limited online use value. If you can't find the last recipient, bitcoin will probably disappear like a bubble. p>
3. Bitcoin has been regulated by the US government in the United States. The US Commodity Futures Trading Commission (CFTC) recently released a document saying that bitcoin and other virtual currencies are reasonably defined as commodities, just like crude oil or wheat. This means that bitcoin futures and options are subject to CFTC regulations and regulation. It is necessary to apply for a license to carry out bitcoin related business in New York State, otherwise it will be considered illegal. In California, the attitude of bitcoin and other virtual currencies is relatively friendly, but they need to be registered

in the United States, it is legal as long as we do not use virtual currency to carry out illegal activities. Fuyuan coin is registered in the United States, and treasure coin is also registered in the United States. However, according to relevant media reports, the Chinese Americans represented by Liu Longzhu are targeting an enterprise called Regal group. On September 29, the Chinese company in Los Angeles was seized. The company was accused of using a virtual currency called "treasure coin" to cheat investors by pyramid selling, and Jiang Kun's photo became their propaganda material. In mainland China, there are still people peddling "precious coins", but the peddler did not mention Jiang Kun to mainland buyers.
4. Reason: with the rapid development of information technology, real money is far from meeting people's demand for capital flow. If there are enough people to recognize the value of a virtual currency, it may become a substitute unit of material exchange, and the existence of virtual currency will inevitably cause another upsurge in the financial sector
in view of the possible risks of virtual currency, many international organizations and central banks have responded publicly to the supervision of virtual currency system. These responses can be roughly divided into four categories: warning and risk warning, supervision and registration permission, legislative norms, and explicit prohibition
(1) warning and risk warning
some central banks and regulators have issued risk warnings against the special currency and virtual currency system. The federal financial regulatory authority of Germany, the Bank of France, the central banks of the Netherlands and Belgium have issued public warnings against the possible money laundering and terrorist financing caused by the use of bitcoin. In the report released at the end of 2013, the European Banking authority (EBA) warned consumers of many risks of virtual currency, such as exchange loss, e-wallet theft, unprotected payment, price fluctuation and so on. Although Spain did not have a similar risk warning, it issued a timely information announcement related to virtual currency
(2) supervision and registration license
generally speaking, international organizations believe that the supervision of virtual currency should find a balance between risk prevention and innovation promotion. Since 2012, Sweden has required transactions related to virtual currency to be registered with financial regulators. Other countries pay attention to qualification supervision, so as to make it indirectly meet the requirements of prudential supervision. In other countries, the regulation mainly focuses on the business model of virtual currency transaction. The financial prudential regulatory authority of France regards the provision of bitcoin circulation and trading services and the act of earning funds in the process as a payment service and requires the authorization of the government. In addition, some countries focus on the intermediary institutions related to virtual currency. The German federal financial regulatory agency and Danish regulators believe that the provision of intermediary services for virtual currency needs to be authorized< (3) legislative norms
at present, some countries have proposed legislation to regulate virtual currency transactions. Canada plans to legislate to allow the government to supervise the transaction of bitcoin, and to include the transaction of more than US $10000 into the scope of suspicious supervision. The United States hopes to adjust the relevant legal structure should be compared with the development of the special currency. In order to make the Bank Secrecy Act (BSA) applicable in the context of network, the financial crime enforcement network (FinCEN) of the U.S. Department of the Treasury issued the explanatory guidance on the behavior and subject definition of private generation, holding, distribution, trading, acceptance and transmission of virtual currency in 2013. The European central bank stressed that it should strengthen international cooperation under the existing legal framework, and regulate virtual currency from the European and global level under the existing legal framework. More countries believe that bitcoin is not a currency in circulation, has no legal status, and does not meet the definition of financial instruments, such as Finland, Sweden, Malaysia and Indonesia
(4) it is forbidden
in some countries, bitcoin related transactions are prohibited. In December 2013, the people's Bank of China banned financial institutions from trading in bitcoin, which was subsequently extended to payment service providers. The central banks of Thailand and Indonesia share the same attitude. The circulation of anonymous internet currency (including bitcoin) is prohibited by the Russian judicial inspection department as a substitute for currency. The Central Bank of Russia has earlier included the provision of bitcoin services in the scope of suspicious transaction monitoring. The U.S. Securities and Exchange Commission (SEC) has banned the issue of unregistered shares in exchange for bitcoin, and unregistered online securities trading activities in virtual currency.
5. ​ In recent years, the speculation related to virtual currency (such as ICO, IFO, IEO, IMO and STO) has been in vogue. The price has gone up and down, and the risk has gathered rapidly. Relevant financing entities raise funds from investors or virtual currencies such as bitcoin and Ethereum through illegal sale and circulation of tokens. In essence, they are illegal public financing without approval. They are suspected of illegal sale of token bills, illegal issuance of securities, illegal fund-raising, financial fraud, pyramid schemes and other illegal crimes, which seriously disrupt the economic and financial order

on September 4, 2017, the people's Bank of China and other seven ministries and commissions issued the "notice on preventing the financing risk of token issuance", which cleaned up the ICO and virtual currency trading venues. The scale of domestic virtual currency transactions decreased significantly, effectively avoiding the impact of virtual currency prices on China's financial market.
6. The difference lies in the fact that some foreign countries are particularly strict in this kind of supervision, while others are particularly loose. In terms of domestic supervision, it is relatively perfect.
7.

With the popularity of bitcoin and other virtual currencies, the risk of fueling illegal economic activities is increasing. The reporter recently learned that the regulatory authorities will ban the domestic virtual currency trading platform

for ordinary consumers, investing in bitcoin is also risky. Many experts and regulators in China have repeatedly appealed that virtual currency trading platforms such as bitcoin are lack of supervision and have become tools for money laundering in illegal economic activities. At the same time, these trading platforms are vulnerable to manipulation by makers, resulting in huge price fluctuations and easy to make retail investors suffer losses. They have become channels for manipulation and ransacking of retail investors by makers and should be banned as soon as possible

"banning bitcoin trading platform is a channel for banning the massive exchange between bitcoin and legal tender, not bitcoin." A person close to the regulator said that the ban on activities related to bitcoin exchange does not affect the development of blockchain technology

the reporter learned from the China Internet Finance Association that the reminder on preventing the risks of bitcoin and other so-called "virtual currencies" released on September 13 said that in recent years, bitcoin and other so-called "virtual currencies" have carried out centralized transactions on some Internet platforms, the number of stakeholders has graally expanded, and the potential financial and social risks can not be ignored

the Internet Finance Association stressed: "there is no legal basis for the establishment of various so-called" currency "trading platforms in China." Investors participate in speculation through bitcoin and other so-called "virtual currency" trading platforms, and face the risk of price fluctuations and security risks. Recently, a large number of trading platforms have been stopped by the regulatory authorities for supporting the token issuance financing (ICO)

more virtual money will inevitably disturb the social order, and it is an inevitable trend to restrict virtual money< br />

8.

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

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announcement on preventing the financing risk of token issuance:

< UL >
  • accurately understand the essential attribute of token issuance financing activities

  • no organization or indivial is allowed to illegally engage in token issuance and financing activities

  • strengthen the management of token financing trading platform

  • all financial institutions and non bank payment institutions are not allowed to carry out business related to token issuance financing transactions

  • the public should be highly alert to the risks of token issuance financing and transaction

  • give full play to the self-discipline role of instry organizations

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