Legal Daily's report on virtual currency
The 60 kinds of pyramid selling virtual currencies broadcast by CCTV news include MBI, m3, Diablo, Asian currency, star currency, Jinyuan shopping alliance e-currency, Changjiang international virtual currency, qileba, micro TV media e-currency, bonus point currency, virtual gold coin, HGC, COA, LFG, Sri, bismall, ahkcap, CPF, Yifen, K currency, R currency, Baichuan currency, K Bao, Zhongfu Tongbao, Hongtong currency, etc Raines e-money
Global BlackRock No.1, Glasberg, BCI, m, wing, EV, performance, FIS, u, ES, zangbao performance, huiai e-money, jianyipan e-money, subsidy, hftag, Kaixin compound interest, kuailinian virtual currency, Shihua currency, ente currency, CPM, Kara currency and supreme currency
there are at least 65 kinds of "virtual currency" with different names, such as Wuhua union virtual currency, Meisheng e, Zhonghua currency, Mimi virtual currency, FIS, world Yunlian cloud currency, Liwu currency, Vicat currency, mark currency, Shanxin currency, Wuji currency, ATC, IPC, central currency, Wuxing currency, huiai currency and nautical currency
in the 141 cases of virtual currency pyramid selling found on China's judicial documents, the number of such criminal cases is increasing year by year. In 2014, the court ruled 5 cases, and then increased by multiple, to 62 cases in 2017. According to the judgment documents, among the above-mentioned virtual currency pyramid schemes, "Vicat" has the highest amount of money involved, with a total of 7 billion, and its global membership number is 10770000, with the largest number
in terms of the development scale of MLM organizations in China, "cloud coin" (also known as world UnionPay and world cloud Alliance Network MLM platform) has the largest number of MLM organizations (4391449); Second, the "dark money" pyramid marketing organization has developed more than 3.4 million members
source of reference: phoenix.com - virtual money pyramid scheme: 65 kinds of pyramid schemes cheat 10 million people, over 10 billion
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
The 60 kinds of illegal virtual currencies are as follows (ranking in no particular order):
1 ~ 10: MBI, m3, Diablo, Asian currency, star currency, Jinyuan shopping alliance e-currency, Changjiang international virtual currency, five element currency, micro media e-currency, bonus point currency
11 ~ 20: virtual gold coin, HGC, central coin, LFG, Sri, huiai coin, nautical coin, CPF, Yifen, K coin
21 ~ 30: R coin, Baichuan coin, kbao, Zhongfu Tongbao, Hongtong coin, Raines electronic currency, global BlackRock No.1 financial currency, Glasberg, BCI, m coin
31 ~ 40: Wing coin, ev coin, performance coin, FIS, u coin, ES, zangbao net performance coin, huiai e-coin, Jianye disk e-coin and subsidy coin
41 ~ 50: hftag, Kaixin compound currency, kuailine virtual currency, Shihua currency, ente currency, CPM, carat currency, supreme currency, Wuhua union virtual currency, Meisheng E
51 ~ 60: Chinese currency, Mimi virtual currency, FIS, world Yunlian cloud currency, Liwu currency, Vicat currency, mark currency, kindness currency, Wuji currency, ATC
extended materials:
well known virtual currencies, such as network currency of network company, Q currency of Tencent company, Q point and voucher of Shanda company, micro currency launched by Sina (used for micro game, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), and Wenyin (used for bixue Qingtian game)
the popular digital currencies in 2013 are bitcoin, Leyte coin, infinite coin, quark coin, zeta coin, BBQ coin, pennies (Internet), invisible gold bar, red coin and prime currency
At present, there are more than 100 kinds of digital currency in the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"according to the notice and announcement issued by the people's Bank of China and other departments, virtual currency is not issued by the monetary authority, does not have legal compensation and mandatory monetary attributes, is not a real currency, does not have the same legal status as currency, cannot and should not be used as currency in the market circulation, and citizens' investment and transaction of virtual currency are not protected by law
On January 18, the business management department of the people's Bank of China issued the "notice on carrying out self inspection and rectification of payment services for illegal virtual currency transactions", which made it clear that the unit and its branches are strictly prohibited from providing services for virtual currency transactions, and took effective measures to prevent payment channels from being used for virtual currency transactions
the notice also shows that for the discovered virtual currency transactions, the payment channels of relevant transaction entities should be closed in time, and the funds to be settled should be properly handled
reported and quoted pan Gongsheng as saying in the memo: "we should always maintain a high pressure on the virtual money market, strictly prevent the risk of virtual money from gathering again, and eliminate the potential risks in the bud." He also said that the national and local authorities should ban the places that provide bitcoin and other virtual currency centralized trading, as well as the so-called "wallet" service providers that provide guarantee and clearing services for virtual currency centralized trading, and indivials or institutions that provide market maker services for centralized trading
nowadays, pyramid schemes under the guise of virtual currency are rampant. According to the information obtained by China volunteer alliance against pyramid schemes, Baichuan currency is closely related to SMI, MBI, mark currency, dark black currency, mmm, Fuda compound interest financing, carat currency, petroleum currency, Huaqiang currency, etc CB aiib Hong Kong Group, coin Sheng, WorldCom yuan, u-coin, Jubao, 21st century fox, Wanxi financial management, BBT (now renamed Morgan coin after repeated exposure by the media) are all illegal pyramid schemes under the guise of virtual currency.
among them, the most serious case is the theft of virtual property. According to xinhuanet.com, Xiao Zhang, who is a junior this year, is an old player of the online game "dream journey to the west", but his online game equipment worth more than 30000 yuan was stolen overnight“ After the "theft case" happened, Xiao Zhang immediately took action, but the embarrassment was that he wanted to protect his rights, but it was difficult to do so. On the one hand, Xiao Zhang reported the case to the public security organ at the first time, but the public security organ refused to file the case because there was no clear provision in the law; On the other hand, Xiao Zhang contacted the game supplier, but Netease's reply was that this was a theft and should be reported to the public security organ first
coincidentally. In the virtual network world, QQ number theft is often encountered by users, and after the encounter, we often have nothing to do, more unexpectedly, it may also involve huge economic losses. According to the news morning post earlier, netizen Chen Xuejun found that a large number of netizens on his QQ number "98888" began to drop off the line. Within a few minutes, "98888" also dropped off the line and could not log in any more. Among his own QQ numbers, 46 were "hacked" one after another. Later, Chen Xuejun went to the police station of Shenzhen Public Security Bureau's high tech park to report the case. It is estimated that the 46 QQ numbers he lost were worth 600000 yuan
there are also some cases that show that if consumers can prove that the loss of virtual property causes damage to the real property rights, then the property rights are still protected by law. However, in such cases, e to the changeability of electronic evidence, its evidence effect is often greatly weakened, and e to technical reasons, many victims are difficult to collect enough evidence, which makes the relevant rights and interests protection more difficult
these events reflect that the protection of network virtual property is not perfect. Besides the loss of money, the biggest pain for users is anger and regret, and the greater embarrassment comes from the fact that it is difficult to protect their rights<
virtual property is also the legal property of citizens, which can not be infringed.
Ye Zhinian, associate professor of China University of political science and law, once wrote an article, pointed out that online virtual property can be purchased directly from game developers, or obtained from the virtual currency market, so virtual property has the attribute of general commodity, and its real value is self-evident
in this case, the virtual property that costs users a lot of time, effort and money should also be protected citizen property. But in contrast, players are "Heroes" in the virtual world and consumers in the real world, but they are often "weak" in the real world. The collision between virtual wealth and the real world is truly reflected here.
Vicat China has internally confirmed that Vicat is "direct selling", but it has not obtained the domestic license. In the list of 61 direct selling enterprises published by the Ministry of Commerce, the reporter did not find the name of Vicat
bitcoin and other virtual currencies are open source programs, and the parameters and methods of their total amount limit are displayed in the open source code, so as to show the operation mechanism of the currency system openly and transparently. However, Vicat does not disclose its source code, which in itself violates the basic principles of virtual currency. " In addition, bitcoin and other virtual currencies are scattered transactions spontaneously formed in the market, and after the scale is formed, the third party graally establishes an exchange to complete the transaction. The Vicat is issued by itself and traded on its own platform. The so-called cooperation with the bank is nothing. Vicat currency, which has problems in basic properties, has high investment risk, so investors need to be cautious Netease News)
in the coin circle, bitcoin home and many mass media have also exposed the pyramid scheme of Vicat under the guise of bitcoin
economists point out that Vicat is a virtual currency with the nature of multi-level pyramid selling, and its investment risk is extremely high, so participants should be cautious China business website)
Guangdong LianBo blockchain Technology Co., Ltd. is a limited liability company (invested or controlled by a natural person) registered in Nanhai District, Foshan City, Guangdong Province on August 3, 2018. Its registered address is located at 20003, building 5, phase I, Guangdong Xiaxi International Rubber and plastic city, Nanping West Road, Guicheng Street, Nanhai District, Foshan City
the unified social credit code / registration number of Guangdong LianBo blockchain Technology Co., Ltd. is 91440605ma523gwd8d, and the legal person is Liu Taotao. At present, the company is in business
Guangdong LianBo blockchain Technology Co., Ltd., within the province, the current registered capital of the enterprise is general
view more information and information of Guangdong LianBo blockchain Technology Co., Ltd. through network enterprise credit
just look at it. However, there are few reports on virtual currency, most of which are fraud. In the mainstream currency circle, it is often called digital currency. Digital currency is often reported. Recently, European crowdfunding is crowdfunding for the journey to the West.
China's Inner Mongolia Autonomous Region Development and Reform Commission recently issued a document saying that it is strictly forbidden to build new virtual currency mining projects, and plans to comprehensively clean up and shut down virtual currency mining projects by the end of April 2021. Singapore's Lianhe Zaobao reported on the 2nd that Inner Mongolia is popular in the virtual currency instry because of its low-cost electricity, which has triggered concerns that China will take more measures to ban high-energy virtual currency mining activities. After the news was reported by the international media, the price of bitcoin rose by 6% on Monday. As of the press release on the evening of the 2nd, bitcoin was at $48672.3{ RRRRR}