Virtual currency court cases

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 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:
1
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 (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn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

2. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
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.

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. This is a relatively cutting-edge legal issue. There should be no relevant books, but I can provide you with some information
it should be in the past two weeks that the Korean court accepted a case concerning virtual currency and made a judgment to the effect that it recognized the legal status of virtual currency as private property of citizens. The private property of citizens is of course protected by law, and the court decides that the infringer loses. Then I remember that the article also mentioned that there is no case of virtual currency in China so far, so the judgment of South Korea can be said to be the initial attitude of the legal profession towards virtual currency
because it is on the mobile phone, there is no way to search the original text for you. That's all I remember. I hope it can help you.

5.

[characteristics of bitcoin]

the reason why bitcoin is anonymous is that they are built on a decentralized system. Bitcoin is completely independent, and the outside world cannot shut it down through some kind of core infrastructure

"anonymity" is very useful for those who don't want to associate their name with the goods or services they purchase. What outsiders see is nothing more than the address of your bitcoin wallet and a string of random words and numbers. Besides, there is no information that can identify themselves. For relatively paranoid users, they can also create many new wallets for free.

bitcoin is designed to allow anonymous ownership and use rights. Bitcoin can be stored in personal computers in the form of computer files (wallets) or in third-party hosting services. No matter how it is saved, bitcoin can be sent to anyone on the Internet through its address. The distributed characteristics of P2P and the design of no central management mechanism ensure that no organization can manipulate the value of bitcoin or create inflation. Its main features are as follows:

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decentralization

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bitcoin is the first distributed virtual currency, and the whole network is composed of users without a central bank. Decentralization is the guarantee of the security and freedom of bitcoin

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circulation around the world

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bitcoin can be managed on any computer connected to the Internet. No matter where you are, anyone can dig, buy, sell or collect bitcoin

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exclusive ownership

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the private key is required to manipulate bitcoin, which can be stored in any storage medium in isolation. No one can get it except the user himself

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low transaction cost

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bitcoin can be remitted free of charge, but in the end, a transaction fee of about 1 bit will be charged for each transaction to ensure faster execution of the transaction

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no hidden cost

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as a means of payment from a to B, bitcoin has no cumbersome limit and proceres. If you know the other party's bitcoin address, you can pay

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cross platform mining

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users can explore the computing power of different hardware on many platforms

[bitcoin acquisition method]

first of all, your computer should be installed with the latest version of bitcoin client. After opening the client, all the transaction information data on the network will be automatically downloaded to the local. Depending on the network speed, this process may take several hours. At this time, the account balance is 0. Users can ask friends to send some coins, but a more feasible way is to do mining or merchant acquisition[ 6]

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mining as a miner

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to be a miner is to proce bitcoin with one's own computer. In the early client, there was the option of mining, but it has been cancelled. The reason is very simple. With more and more people participating in mining, it may take several years for one to dig 50 coins, So miners generally organize into miners' guild, and they dig together. Specific mining methods, you can go online search. This method is already very unrealistic

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as a businessman, you can buy coins g by miners with money, open an online shop to sell things and collect bitcoin, and even go to the exchange to speculate in coins. There are many websites providing bitcoin exchange services, which can be converted into almost any kind of currency. If you really don't know how to exchange, you can also come to laoan for help

the difficulty of bitcoin mining is directly proportional to the amount of money that has been mined. The more difficult it is to mine, the more difficult it will be. After 20 million bitcoins are mined out in 2030, the remaining 1 million bitcoins will probably take decades to be mined out. And bitcoin has no central issuing authority, which is generated by network nodes through complex calculations. Anyone can run bitcoin software on a computer to make it. During circulation, enter the quantity 1 on the client software, then come to the other party's bitcoin address and sign with the payer's password. After that, the bitcoin is the other party's

relevant information and pictures are from the Internet: search through the Internet for

relevant reference sources are as follows:

http://finance.chinanews.com/it/2013/08-09/5141755.shtml

http://it.sohu.com/20130410/n372202897.shtml