Is it illegal to play virtual currency? Why does justice freeze
since 203, the more popular virtual currencies are bitcoin, Wright coin, Fuyuan coin, doggy coin, dark coin, reborn coin and so on.
generally, the freezing of bank cards is judicial freezing, and the reasons can be roughly divided into two kinds:
1. If the cardholder violates the law and commits a crime, for example, if he is sued for compensation, he refuses to implement it
2. The cardholder has received a sum of stolen money, which is implicated and frozen
the bank itself has no power to freeze the bank card, so it is passive to implement the court or public security orders. A large number of bank cards in the exchange have been frozen, which may be e to the inflow of stolen money
if the bank card is frozen because it has received the stolen money, the amount confirmed as the stolen money in the card will be directly transferred by the court without going through the bank card itself, and the bank card can only be unfrozen after the case is closed.
The reasons for freezing bank cards are as follows:
1. Abnormal transactions may be frozen by banks
If the overdraft exceeds the share, the bank will freeze your bank card immediately 3. The bank card caused by the third party is frozen. Generally, the personal bank card is frozen, which may be the need of legal case handling, and some special cases need to freeze the bank card
extended materials:
the main features of judicial freezing
one of the most important means of law enforcement is freezing and sealing up power, which is the newly added law enforcement power in the new securities law amendment. As the provisions of law enforcement proceres, the implementation measures are mainly reflected in two aspects:
one is to solve the problem of who applies, who reviews, who decides, who implements and who supervises. It strictly stipulates the implementation steps of freezing, sealing up and restricting securities trading by the securities regulatory authorities. Each link is relatively independent, and each bears its own responsibility. Division of labor and cooperation ensure the standardization of law enforcement process
The second is to unify the content and format of the application, decision, notice and other law enforcement documents, inform the parties and the assisting execution units of their rights, obligations and responsibilities, and improve the implementation efficiency of relevant measures According to Article 180 (6) of the new securities law, the securities regulatory authority has the power to freeze and seal up the illegal funds, securities and other property and important evidence of the parties involved in the case. It mainly includes: the funds and deposits in the capital accounts and bank accounts of the parties involved in the case; Securities in the securities account; Movable property (such as office equipment), real estate (such as houses), specific movable property (such as automobiles) and other property rights (such as equity); and; The important evidence that has great influence on the investigation of the case, plays a key role in the qualitative analysis of the case, and is irreplaceable or uniquein order to protect the legitimate rights and interests of the parties, the frozen and sealed up parties are not totally useless The "implementation measures" set up multi-channel relief measures, such as the parties have the right to state and defend, the executive should listen to and record
after the account is frozen, the securities holder makes a request to sell part or all of the frozen securities. If it is considered necessary after examination, the part or all of the frozen securities can be unfrozen
if the parties provide corresponding guarantee, the freezing and sealing up measures can be lifted with the approval of the main person in charge of the CSRC; If the parties involved are not satisfied with the freezing and sealing up decision, they may apply to the CSRC for administrative reconsideration according to law
source of reference: network judicial freeze
legal basis: according to Article 100 of the civil procere law, the people's court may, on the application of the other party, make a ruling to preserve its property, order it to do certain acts or prohibit it from doing certain acts in a case where the judgment is difficult to enforce or other damages may be caused to the party e to the act of one party or other reasons; If the party concerned fails to make an application, the people's court may, when necessary, order the adoption of preservation measures
the people's court may order the applicant to provide security by taking preservation measures. If the applicant does not provide security, the court will rule to reject the application
after accepting the application, the people's court must make a ruling within 48 hours in case of emergency; Where a written order is made to take preservation measures, the execution shall begin immediately
Article 242 if the person subjected to execution fails to perform the obligations specified in the legal documents in accordance with the execution notice, the people's court shall have the right to inquire the relevant units about the deposit, bond, stock, fund share and other property of the person subjected to execution. The people's court has the power to detain, freeze, transfer or change the value of the property of the person subjected to execution according to different circumstances. The property inquired, seized, frozen, allocated or changed by the people's court shall not exceed the scope of the obligations to be performed by the person subjected to execution
when the people's court decides to detain, freeze, transfer or change the value of property, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the relevant units.