Rectification of Internet financial documents of virtual currenc
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.
Internet finance is an emerging field combining the traditional financial instry with the Internet spirit. The spirit of "openness, equality, cooperation and sharing" of the Internet penetrates into the traditional financial instry, forming the unique characteristics of the Internet financial instry. In recent years, China's Internet finance instry has developed rapidly, but China's financial legal system generally does not pay enough attention to the new financial format of Internet finance. Although some Internet finance laws and regulations have been issued in succession, the Internet finance laws and regulations are generally less. The author lists the corresponding regulatory laws and regulations of the existing Internet finance model as follows:
first, the criminal law
Internet Finance access threshold is low, only by virtue of a computer, a set of 200 yuan source code can build a P2P network loan platform, so it is inevitable that some swindlers use the P2P network loan platform to cheat money and run away, It has caused huge losses to investors. Using the Internet to conct illegal activities may involve the following crimes:
Article 176 of the criminal law [crime of illegally absorbing public deposits] Whoever illegally absorbs public deposits or absorbs public deposits in disguise, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph<
Article 192 of the criminal law [crime of fraud in raising funds] Whoever illegally raises funds by means of fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property< On June 4, 2010, the people's Bank of China issued the measures for the administration of non financial institutions' payment services (No.2 [2010]). Article 1 of the measures stipulates that the purpose of the measures is to promote the healthy development of the payment service market, standardize the payment service behavior of non-financial institutions, and prevent payment risks, Protect the legitimate rights and interests of the parties. Article 2 of the measures specifies that the term "non-financial institution payment service" as mentioned in the measures means that non-financial institutions, as intermediaries, provide some or all of the following monetary fund transfer services between the payees and payers: (1) online payment 2 Issuance and acceptance of prepaid card 3 Bank card receipt 4 Other payment services determined by the people's Bank of China. The term "network payment" as mentioned in the Measures refers to the behavior of transferring monetary funds between payees and payers relying on public network or private network, including currency exchange, Internet payment, mobile phone payment, fixed phone payment, digital TV payment, etc. The term "prepaid card" as mentioned in these Measures refers to the prepaid value of goods or services issued for profit and purchased outside the issuing institution, including prepaid cards issued in the form of cards, passwords, etc. by adopting magnetic stripe, chip and other technologies. The bank card acquiring as mentioned in the Measures refers to the behavior of collecting monetary funds for special merchants of bank cards through point of sale (POS) terminals The administrative measures for payment services of non-financial institutions is an important regulatory regulation for third-party payment< On August 23, 2011, China Banking Regulatory Commission (CBRC) issued the notice on risk warning of Renren loan [2011] No. 254, which pointed out that in the current situation of tight bank credit, the intermediary companies of credit and loan services of Renren loan (peer to peer) are developing rapidly. This kind of intermediary company collects information of borrowers and lenders, evaluates borrowers' collateral, such as real estate, automobile, equipment, etc., and then matches them, and charges intermediary service fees. The media have made a lot of reports on the operation and influence of such intermediary companies, which has aroused much attention. In this regard, the CBRC organized a special investigation, found a large number of potential risks and gave tips. Thus, the notice is only a risk warning document for Renren loan
at the inter ministerial joint meeting of nine ministries and commissions on the disposal of illegal fund-raising held on November 25, 2013, the central bank clearly defined the illegal fund-raising behavior of P2P online lending instry, which mainly includes three types of situations: fund pool mode; fund pool mode; fund pool mode; The risk of illegal fund-raising caused by unqualified borrowers and Ponzi scheme<
3. Regulations on crowdfunding financing
recently, the securities and Exchange Commission (SEC) approved the draft regulation on crowdfunding financing. Crowdfunding financing for the public was approved by the "jump start our business startups act" (jobs act) in early 2012, that is to say, to provide services for various projects, enterprises and enterprises on the Internet The fund-raising of enterprises and even companies is confirmed by law. This is an important measure taken by the US government to regulate crowdfunding
on September 16, 2013, China Securities Regulatory Commission (CSRC) reported that some companies on taobao.com were suspected of issuing stocks without authorization, and called a halt. The suspension is based on the notice of the general office of the State Council on severely cracking down on issues related to illegal issuance of shares and illegal operation of securities business (GBF [2006] No. 99), which stipulates that "any shareholder of a company is strictly prohibited from transferring shares to the public by himself or by entrusting others in an open manner". So far, it is known as Chinese style "crowdfunding", that is, the behavior of issuing shares to the public by using the network platform is defined as "illegal securities activities" for the first time. Although the crowdfunding model is concive to solving the financing problem of small and medium-sized micro enterprises, considering the current legal framework, domestic crowdfunding websites can not simply the American model, and must find a crowdfunding road suitable for China's national conditions
according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal fund-raising, crowdfunding mode is almost easy to press the red line of violation in form, that is, it constitutes illegal fund-raising without permission, through public recommendation on the website, promising a certain return, and absorbing funds from non-specific objects. The United States legislates for crowdfunding. We can learn from the jobs act of the United States to regulate the crowdfunding model, but it still needs a graal process< On June 4, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the notice on strengthening the management of online game virtual currency (Wen Shi Fa [2009] No. 20), which stipulates that market access should be strictly enforced and the management of issuers and providers of online game virtual currency trading services should be strengthened. Engaging in "online game virtual currency trading service" business must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to legal currency purchase, online game operation enterprises shall not provide online game virtual currency to users in any other way. On July 20, 2009, the Ministry of Culture issued the declaration guide for "online game virtual currency issuing enterprises" and "online game virtual currency trading enterprises", which provides operational guidance rules for the declaration and approval work of operating Internet cultural units applying for "online game virtual currency issuing services"
on September 28, 2008, the State Administration of Taxation issued the official reply on the issue of personal income tax on the income of indivials from buying and selling virtual currency through the Internet (Guo Shui Han [2008] No. 818), which clarified the tax treatment of virtual currency, that is, the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of personal income tax, The indivial income tax shall be calculated and paid according to the item of "income from property transfer"
in short, the introction of a series of regulatory measures makes the regulation of virtual currency further clear, but the regulatory measures are only limited to the virtual currency in the game< On June 29, 2001, the people's Bank of China issued the Interim Measures for the administration of online banking business, but it was abolished in 2007
on January 26, 2006, the CBRC promulgated the measures for the administration of e-banking (CBRC Order No. 5, 2006). The term "e-banking" in the Measures refers to the use of communication channels or open public networks open to the public by commercial banks and other banking financial institutions, as well as the private networks established by banks for specific self-service facilities or customers, Banking services to customers. E-banking business includes banking business carried out by computer and Internet (hereinafter referred to as Internet banking business), banking business carried out by voice communication equipment such as telephone and telecommunication network (hereinafter referred to as telephone banking business), banking business carried out by mobile phone and wireless network (hereinafter referred to as mobile banking business), As well as other use of electronic service equipment and network, by the customer through self-service way to complete financial transactions of banking business The measures for the administration of e-banking is an important regulatory regulation for Internet banking< On September 20, 2011, China Insurance Regulatory Commission (CIRC) issued the notice of China Insurance Regulatory Commission (CIRC) on printing and distributing the measures for the supervision of Internet insurance business of insurance agents and brokers (Trial) (CIRC [2011] No. 53). The purpose of the measures is to promote the development of insurance agents and brokers The standard, healthy and orderly development of Internet insurance business of brokerage companies should effectively protect the legitimate rights and interests of the applicant, the insured and the beneficiary. In May 2012, China Insurance Regulatory Commission (CIRC) issued the notice on risk warning of Internet insurance business (CIRC notice [2012] No. 7), which gave risk warning to the majority of policyholders for the Internet insurance instry. In addition, on April 15, 2011, China Insurance Regulatory Commission (CIRC) issued the "Internet insurance business regulatory provisions (Draft)", which will be further improved in the near future
in a word, Internet financial innovation emerges in endlessly, which means the emergence of new financial models and the need for new regulatory laws and regulations. Moreover, the current Internet financial regulatory laws and regulations are not perfect, some internet financial models have appeared, but the relevant regulatory provisions are still lagging behind, that is, the regulatory gap. It is expected that the regulatory authorities will improve the supervision of Internet finance related fields as soon as possible.
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 />
Recently, it has been rumored that central bank officials from Shanghai and Beijing have begun to investigate virtual currency trading venues, and it is likely that the ban on virtual currency trading will be lifted. After the reporter to a special rectification of Internet financial risk staff verification, the relevant reports and facts do not match
instry insiders suggest that the majority of consumers and investors should enhance their awareness of risk prevention. If they find that they are involved in illegal financial activities in the notice, they can report to the relevant regulatory authorities or China Internet Finance Association. If they are suspected of crimes, they can report to the public security organ
2. Special regulations
1. P2P network microfinance regulations
2. Third party payment regulations
3. Virtual currency regulations
4. Crowdfunding regulations
5. Internet insurance regulations
6. Internet Banking regulations
According to the news on January 19, the business management department of the central bank recently issued the notice on self inspection and rectification of providing payment services for illegal virtual currency transactions (hereinafter referred to as the notice), requiring legal person Payment institutions within their jurisdiction to strictly prohibit providing services for virtual currency transactions and take effective measures to prevent payment channels from being used for virtual currency transactions
according to the "notice" on the Internet, all legal person Payment institutions carry out self inspection and rectification work in their own units and branches from the date of document release, strictly prohibit providing services for virtual currency transactions, and take effective measures to prevent payment channels from being used for virtual currency transactions. At the same time, the notice requires that all units should strengthen the daily transaction monitoring, timely close the payment channels of relevant transaction subjects for the discovered virtual currency transactions, and properly handle the funds to be settled, so as to avoid mass incidents
in addition, the notice pointed out at the end that all units should report the self inspection situation and the measures taken to the business management department on January 20, 2018
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