Claim after virtual currency transaction
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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:
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2. The fact of the crime should be investigated for criminal responsibility 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
On December 14, according to the Haidian court's official website, a bitcoin player sued huocoin for damages for a loss of 217194 yuan. Haidian court accepted the case a few days ago. Due to the arbitration clause stipulated in the user agreement, the court finally ruled to reject the plaintiff's lawsuit
after the player sues the fire coin fraud and makes a claim, the court considers that if the party applies to the people's court to make a ruling on the validity of the arbitration agreement, it should be under the jurisdiction of the intermediate people's court in the place where the arbitration institution is located
at present, there is no definite legal attribute of bitcoin fund and other financial procts; It is also difficult for investors to see the situation of its controllers, capital pool and risk control, which contains greater risks. The player sues the fire coin net to be rejected, the judge reminds the investor should maintain the full vigilance, must not blindly follow suit. Although the supervision modes of virtual currency are different in different countries, it is the general trend to strengthen the supervision, and virtual currency should be included in the standardized development path. The similar cases of bitcoin players suing fire coin network will be more and more standardized, and investment is risky, so we need to be cautious when entering the market
virtual currency is still a high-risk and high-yield investment proct in China. Central bank officials in the statement, the public at their own risk premise is now free to trade
the virtual currencies with good performance in the domestic market include Ruitai currency, bitcoin, thousand gold card and other digital currencies
there are risks in investment, so we should be cautious in purchasing currency.