Virtual currency is a victim

1.

It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity

it is difficult for the public security organs to collect evidence and arrest, 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 the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. 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:

1

The criminal responsibility should be investigated 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) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

2. A number of victims of virtual currency fraud cases distributed all over the country said that they were refused to file a case when reporting to the local police because virtual currency could not be valued and could not reach the starting loss amount of theft or fraud. This situation may be affected by the announcement on preventing the financing risk of token issuance issued by seven ministries and commissions on September 4, 2017 (hereinafter referred to as the announcement). Generally speaking, fraud and other crimes of infringing property rights have the starting point of "large amount" According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases, indivials who defraud public or private property of more than 2000 yuan belong to "large amount". However, the announcement clearly pointed out that "any so-called token financing trading platform shall not provide pricing, information intermediary and other services for token or virtual currency." Therefore, it is difficult for the public security organs to recognize the price of virtual currency displayed on the trading platform, and to estimate the value of virtual currency when the victims encounter virtual currency fraud, so as to determine whether the case meets the filing standard.

3.

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 cases

stealing 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 way

first 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 future

finally, 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

4. It should

5. Call the police directly, and the police will deal with it. No one can help you here. You'd better go to the police in the real world and hurry up
I wish you the best of luck. If you are satisfied with the answer, please accept it. Helping others is not easy these days. Encourage enthusiastic people~~~~~~~

6. There is a great possibility that it is another kind of deception. I suggest that you do not trust anyone, make a just judgment on your own, and then bring them to justice

7. Belong to MLM, no profit, only loss. According to news reports: at present, a new online pyramid selling mode - "markcoin" is spreading throughout the city. The organization has set up a number of wechat groups, and each group is known as a team. Please do not be fooled
"mark coin" is an upgraded version of "bitcoin". It is a kind of virtual currency and has high value-added in external publicity. Its main mode is: Online introctions and offline participation are required, and each offline will provide its name, e-mail address and mobile phone number to online users, who will help to register. After successful account registration, transfer the corresponding level of money to the company's designated account. Then everyone will give an account and password to log on to the website, and the backstage can see everyone's investment amount and dividend details. On January 18 this year, the company held a meeting in Macao, and most of the participants were Chinese
"markcoin" is similar to some other online pyramid schemes. It is said that the investment is small and the income is high. Although there is a static bonus, if there is any real income, it needs to obtain dynamic awards such as sales award, collision award and algebra award, and to obtain these dynamic awards, it must develop a large number of offline procts
according to the police, at present, there are not only "mark coin" and "bitcoin", but also "black tea", "Baichuan coin", "dark coin", "3M", "carat coin", "petroleum coin", "Huaqiang coin", "U coin", "Morgan coin", "Fuda compound wealth management", "WorldCom", "21st Century Fox" and "Wanxi wealth management". The target of lawbreakers' development is Internet users who are keen on surfing the Internet. The target of lawbreakers' development is graally infiltrating from young people to middle-aged people and unemployed people, luring them to invest in small, big returns and wait for high returns. In fact, the so-called static dividend is just a cover. Many people continue to develop offline in order to earn benefits, which is no different from the traditional pyramid scheme. Moreover, the running cycle of this kind of MLM is short, generally less than a year. When it comes to the rebate peak, the website will be closed directly, causing many people to lose their money.

8. Hello! If you sell it to others after registration, and you have registered with the relevant authorities, and you have no responsibility, it's like if someone kills someone with a knife, and you have to investigate the responsibility of the seller and the maker of the knife
if the technology is developed and used without permission, has not been registered with the relevant authorities, and is used in illegal activities, and can not prove that it has nothing to do with the activity, it may be investigated for responsibility
if there are many victims, the public security organ or the people's Procuratorate will initiate a public prosecution, which depends on their judgment

9.

Since the release of bitcoin, virtual currency has been popular. Because of its concealment, this virtual currency proced by blockchain technology has been accompanied by various money laundering crimes. Therefore, after the virtual currency entered China, the Chinese government directly banned the virtual currency trading, but there are still many people who are still stubborn

because leverage magnifies the risk, a little more volatility will lead to position explosion, which is exactly what these fraud groups hope to happen, because only the money that investors lose is the money that the fraud groups earn behind the so-called blockchain virtual currency trading platform, just like a large number of domestic fraud platforms that speculate on crude oil futures ten years ago