On Beijing virtual currency
On June 28, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the "notice on strengthening the management of virtual currency in online games", which made it clear that virtual currency is expressed in the form of prepaid recharge card, prepaid amount or points of online games, but does not include game props obtained in game activities; Virtual currency shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises< The following is the full text of the Circular of the Ministry of culture and the Ministry of Commerce:
the Circular of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games
the cultural departments (bureaus) and commercial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the Cultural Bureau and commercial bureau of Xinjiang proction and Construction Corps, Beijing, Tianjin, Shanghai and Chongqing Ningxia Hui Autonomous Region Cultural market administrative law enforcement corps:
with the rapid development of online games, online game virtual currency is widely used in online game business services. The virtual currency of online games not only promotes the development of online game instry, but also brings new economic and social problems. Mainly reflected in: first, the lack of protection of user rights and interests; Second, market behavior lacks supervision; Third, the online game virtual currency in the use of disputes
in order to standardize the operation order of online game market, according to the spirit of Interim Provisions on Internet culture management, notice on Further Strengthening the management of Internet cafes and online games (Wen Shi Fa [2007] No. 10) and notice on standardizing the operation order of online games and banning the use of online game gambling (Gong Tong Zi [2007] No. 3), etc, With the consent of the people's Bank of China and other departments, the notice on strengthening the management of virtual currency of online games is as follows
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
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
2. Global circulation: dotcoin can be managed on any computer connected to the Internet. No matter where you are, anyone can excavate, buy or sell dotcoin
3. Global synchronization: since the first day of its birth, dotcoin has been publicized many times around the world, and there is no pre digging behavior of a company or its founder. In particular, publicity through different channels around the world avoids the possibility that dote is just a pet of a few geeks or is hoarded by a few people in the early stage
4. Exclusive ownership: the private key is required to manipulate the dotcoin, which can be stored in any storage medium in isolation. No one can get it except the user himself
5. No transaction costs and hidden costs: the exchange of multi currency is almost zero cost, especially in multinational trade, which can save a lot of costs. As a means of payment from a to B, dotcoin has no cumbersome limit and proceres. If you know the other party's multi currency address, you can pay.
2. Stops: old market, Xiaoma crossing, Kehua crossing, Qianqing, Yaqian, Yangxunqiao crossing, huamucheng, Binjiang campus, hupaolu zoo, yanggongdi, Shuguang Road, Huanglong tourism distribution center
Third, put the vehicle into operation. In the first phase, 10 high-end air-conditioned vehicles were put into use in Shaoxing County and Hangzhou
you can also take a bus from Keqiao to Hangzhou east bus station, and then take bus 317 to Binjiang
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
Beijing's Chaoyang District issued a document banning any venue from hosting virtual currency promotion activities, the daily said on August 23. Fengtai District Financial Office of the coordination section of the relevant people confirmed to the financial Associated Press, Beijing to the area of shopping malls, office buildings, hotels and other places, issued a red headed document, asked not to undertake any virtual currency promotion and propaganda activities“ According to the unified requirements of Beijing Municipality, all district financial offices have issued notices to relevant units and streets in the early stage
previously, it was reported that the office of the leading group for financial risk prevention and control in Chaoyang District issued a red headed document to the shopping malls, office buildings, hotels and other places under its jurisdiction, requiring that it should not undertake any virtual currency promotion and propaganda activities
The second type is the special currency issued by the portal website or instant messaging tool service provider to purchase the services in the website. The most widely used is Tencent's q-coin, which can be used to purchase membership, QQ show and other value-added services. There is no exchange relationship between these virtual currencies and legal currencies, and they can only be obtained and used in the online communitythe third kind of virtual currency on the Internet
such as bitcoin (BTC), Wright money (LTC), etc. bitcoin is an electronic currency proced by open-source P2P software. Some people also translate bitcoin as "bitcoin", which is a kind of network virtual currency. It is mainly used for Internet financial investment, and can also be directly used in daily life as a new currency. These virtual currencies can be exchanged with legal tender, and can also be used to purchase virtual and real goods or services
A new round of digital currency regulation may come. On August 22, it was reported that Chaoyang District of Beijing issued a red headed document, requiring it not to undertake any virtual currency promotion and propaganda activities
In this regard, Yin Zhentao, deputy director of the law and Finance Research Office of the Institute of finance, Chinese Academy of Social Sciences, said, "before some investors complained about virtual currency investment, some places have exploded relevant cases, and now targeted supervision has begun.". In addition, it is reported that the current regulatory authorities are resolute and plan to include some key blockchains and virtual currency we media into the scope of regulatory remediation, and the possibility of launching a package of attacks is not ruled out