Virtual currency State Administration for Industry and Commerce
the notice defines the nature of bitcoin, and holds that bitcoin is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and is not a real currency. In terms of nature, bitcoin is a specific virtual commodity, which does not have the same legal status as currency and cannot and should not be used as currency in the market. However, bitcoin trading as a commodity trading behavior on the Internet, ordinary people have the freedom to participate at their own risk
the notice requires that at this stage, all financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin as a central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability, and provide other bitcoin related services to customers directly or indirectly, Including: providing bitcoin registration, trading, clearing, settlement and other services for customers; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc
according to the notice, the bitcoin Internet website, as the main trading platform of bitcoin, shall be filed with the telecommunications administration according to the provisions of the Telecommunications Regulations of the people's Republic of China and the measures for the administration of Internet information services. At the same time, in view of bitcoin's high risk of money laundering and being used by criminals, the notice requires relevant institutions to perform the legal anti money laundering obligations such as customer identification and suspicious transaction report in accordance with the anti money laundering law of the people's Republic of China, so as to effectively prevent the money laundering risks related to bitcoin
in order to avoid excessive speculation of virtual commodities such as bitcoin in the name of "virtual currency" and damage the public interest and the legal tender status of RMB, the circular requires financial institutions and Payment institutions to correctly use the concept of currency in their daily work, pay attention to strengthening the ecation of the public's knowledge of currency, and correctly understand the concept of currency The concept of correctly treating virtual commodity and virtual currency, rational investment, reasonable control of investment risk, and maintenance of their own property security should be included in the content of financial knowledge popularization activities, so as to guide the public to establish a correct concept of currency and investment
in the future, the people's Bank of China will continue to pay close attention to the trend and related risks of bitcoin based on its own responsibilities End)
bitcoin home has an interpretation.
GDC virtual currency is not allowed to be issued by the state. The Chinese government forbids the circulation and issuance of any virtual currency. Any so-called token financing trading platform shall not engage in the exchange business between legal currency and token or virtual currency, or buy or sell token or virtual currency as a central counterpart, or provide pricing, information intermediary and other services for token or virtual currency
for the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law
extended information:
in the "tips on preventing the risks of bitcoin and other so-called" virtual currencies ", China Internet Finance Association also said that bitcoin and other so-called" virtual currencies "lack a clear value basis and are increasingly becoming tools for money laundering, drug trafficking, smuggling, illegal fund-raising and other illegal criminal activities
investors participate in speculation through the "virtual currency" trading platform, and face the risk of price fluctuation, security risk, platform technology risk, etc., which need to be borne by investors themselves
the recruitment platform announced that it would close the recruitment of virtual currency positions because the state does not allow it to continue to be used in this way according to the relevant announcements issued by the people's Bank of China, the Internet Information Office, the Ministry of instry and information technology, the State Administration for Instry and commerce, and the China Securities Regulatory Commission, the State prohibits all kinds of token issuance and financing activities, and explicitly requires that all platforms "shall not provide pricing, information intermediary and other services for token or virtual currency". In order to avoid job risks and further protect the interests of job seekers. At present, the boss has closed the release channel of virtual currency related positions, and other blockchain related positions can be released normally
if wechat payment is found to be used for virtual currency transaction, it will be refunded users are welcome to report, and we will resolutely cooperate with the crackdown in accordance with the relevant regulatory provisions. We will resolutely safeguard the legitimate rights and interests of customers, prevent and control financial crimes, and maintain the order of the financial market
I wanted to buy money to make a profit, but I didn't want the issuing party to become a pyramid selling organization, suspected of breaking the law and committing crimes; All participating funds will be collected. At this time, whether the money can be recovered has become the most concerned problem of the buyer. The crime of organizing and leading pyramid selling activities is established, and the relationship of accomplice is usually established between the upper and lower levels of pyramid selling activities; All the money raised is usually regarded as illegal income. After being cheated into joining, they recommend others to join and get tokens and cash back, and the profits will usually be recovered as illegal income. So if you are cheated into joining an organization, can you recover the "entry fee" you paid
First, recovery does not necessarily mean confiscation, but restitution Second, the scope of recovery: illegal income within the scope of crime Third, the calculation of "illegal income"
who returns the money: Calculation of "illegal income"
according to Article 64 of the criminal law, only "illegal income" should be recovered and refunded. Illegal income, literally, refers to the property obtained through illegal activities (including but not limited to crimes). The second provision of the Supreme People's Procuratorate "the regulations on the management of property in criminal cases involving the people's Procuratorate" stipulates that the property involved includes the illegal gains and the fruits of the suspect, the property used for the crime, the prohibited goods illegally held and other property and fruits related to the case. p> According to the above provisions, the crime of illegal income is divided into two categories according to the basis of illegal income:
(1) the illegal income in the crime of obtaining interests; Such as theft, corruption, bribery of stolen goods, property, etc
(2) the crime of operating interest, such as the crime of usuryit can be seen that illegal income not only includes the property obtained through illegal and criminal activities (i.e., original illegal income, profit type), but also includes the possible natural and legal fruits of these properties and the property interests (i.e., derived illegal income, profit type) obtained from the operation of the property. For the former, the activities that generate income are illegal; Income is the object or result of illegal behavior. For the latter, the activities that generate income are legal; Only the principal used to generate income is suspected to be illegal
the above two types of illegal gains are generated in different ways, and their recovery calculation methods are also different. For the illegal income of the crime of obtaining interests, the illegal property itself is the amount of illegal income; As for the illegal income of the crime of business interests, the normal business interests should be dected. For example, in the crime of usury, the illegal income usually refers to the income from interest rate difference, not the total amount of the loan
In terms of norms, the attitude of the law is also very clear: in the reply of the Supreme People's Court on how to determine the "amount of illegal income" in the trial of criminal cases involving the proction and sale of fake and shoddy goods in 1995, it is pointed out that the "amount of illegal income" stipulated in the decision of the Standing Committee of the National People's Congress on punishing the crime of procing and selling fake and shoddy goods refers to the amount of illegal income from the proction and sale of fake and shoddy goods The amount of profit from selling fake and inferior procts. In the literal sense, the "illegal income" here should be dected from the corresponding cost In judicial practice, it is generally believed that the amount of procts actually purchased is the amount of legitimate business and should be dected; In the case of providing services without actual procts (for example, manpower input in illegal medical practice), the corresponding costs will not be dectedin the crime of organizing and leading pyramid selling activities, there are cases of "Capitation" returning to "online". According to Article 8 of the measures for the determination of illegal income from administrative penalty cases by the administrative department for Instry and Commerce (No. 37 order of the State Administration for Instry and Commerce), the illegal income from pyramid selling activities such as touting and defrauding entry fees shall be calculated according to the total income of the parties concerned
it can be seen that the "tap" paid to the online is not the income of the parties at this level in the MLM organization; It is the income of online, which should be dected and counted into the amount of illegal income of online. After the illegal income collected as online, it should be returned to offline in time according to the above
the above is today's sharing, thanks to the readers
As of May 2020, blockchain and digital currency are illegal in China
according to the announcement of the people's Bank of China Central Network Information Office, Ministry of instry and information technology, State Administration for Instry and commerce, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission on preventing the risks of token issuance and financing, Article 2 no organization or indivial shall illegally engage in token issuance and financing activities. Organizations and indivials that have completed the token issuance and financing should make arrangements such as refund, reasonably protect the rights and interests of investors, and properly handle risks. Relevant departments will seriously investigate and deal with the activities of token issuance and financing that refuse to stop and the illegal behaviors in completed token issuance and financing projects
Article 3 strengthen the management of token financing trading platform
from the date of this announcement, any so-called token financing trading platform shall not engage in the exchange business between legal currency and token and "virtual currency", and shall not buy or sell token or "virtual currency" as a central counter party, and shall not provide pricing for token or "virtual currency" Information intermediary and other services
extension data
"illegal financial institutions and illegal financial business activities ban" stipulates that:
eleventh, the criminal suspect, funds and property involved in illegal financial institutions and illegal financial activities, and the public security organs shall take compulsory measures according to law to prevent suspect from escaping and transferring funds and property. p>
Article 12 the people's Bank of China shall, after investigation and confirmation, make a decision to ban the illegal financial institutions and financial business activities, declare them illegal, order them to stop all business activities, and make an announcement
Article 13 if the people's Bank of China discovers that a financial institution opens an account, handles settlement and provides loans for an illegal financial institution or illegal financial business activities, it shall order the financial institution to stop the relevant business activities immediately. No unit or indivial may use the relevant funds without authorizationhowever, some people did issue their own digital currency. Xue Manzi issued his own digital currency, which belongs to personal currency, but then disappeared. Digital currency needs a good application scenario planning in order to live longer. For example, Ruitai asset mortgage dividends, Qianjin overseas luxury purchasing agency, and bitcoin have more uses. Blockchain technology is derived from bitcoin.
The General Administration for Instry and Commerce of the Ministry of public security focuses on investigating and dealing with the following four types of online pyramid selling activities:
first, online pyramid selling activities under the guise of "consumption rebate", "mutual fund", "virtual currency", "investment and financing", "online games"
Second, under the guise of "charity", "poverty alleviation", "innovation", "wealth sharing" and "civil military integration", the online pyramid selling activities deliberately distort the relevant national policies The third is the online pyramid selling activities that infringe on the vulnerable groups such as students, the minimum living allowance and the disabled Fourthly, cross-border manipulation of online pyramid selling activities. At the same time, the core members, backbone members and "professional" participants of online pyramid selling organizations, as well as those who help transfer funds and provide website design and maintenance, shall be seriously investigated and dealt with in accordance with the law
extended information:
the regulations on the prohibition of pyramid schemes have been adopted at the 101st executive meeting of the State Council on August 10, 2005 and will come into force on November 1, 2005
criminal crackdown
since 2008, the illegal and criminal activities of organizing pyramid selling by means of "pulling the head" and collecting "entry fees" have occurred from time to time, seriously disrupting social order and affecting social stability. The Legislative Affairs Office of the State Council, the Ministry of public security, the State Administration for Instry and Commerce and other departments have proposed that in order to better combat the crime of organizing pyramid selling, special provisions should be made in the criminal law on the crime of organizing and leading pyramid selling
amendment VII to the criminal law of the people's Republic of China adds an article after article 224 of the criminal law as one of article 224: "in the name of business activities such as selling goods and providing services, organizations and leaders require participants to pay fees or purchase goods and services to obtain the qualification to join, and form levels in a certain order, Whoever directly or indirectly uses the number of development personnel as the basis for calculating remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles money or property, or disturbs economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. "