Will virtual currency exchanges be frozen
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 filedunder 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from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibility1. Digital cryptocurrency: a digital currency created, distributed and maintained by cryptography and verification technology. The characteristic of cryptocurrency is that it uses peer-to-peer technology and everyone can issue it. For example, bitcoin, lightcoin
2. Shanzhai coin: imitates the theory of digital cryptocurrency, applies digital encryption technology such as blockchain, and issues digital currency in different instries
3. Air currency: fabricated application background. It uses blockchain and other technologies as packaging, constructs value system at will, takes illegal possession as the purpose, and swindles investors by Ponzi scheme< Second, profit model
1. The profit model of digital cryptocurrency mainly includes proction and investment speculation. Proction is also known as mining, different procts have different proction modes. Its principle is to calculate the number by computer, and finally get the encrypted string in accordance with the formula. Investment speculation is the same as investing in ordinary financial derivatives. With the change of market supply and demand, the value of money will change periodically
2. Shanzhai coin: the profit in the early stage is similar to Ponzi scheme, and the customer level is built by direct selling. The principal of later investors is the source of profits. The difference between air currency and air currency lies in: first, it has a certain theoretical application basis, such as Internet traffic, agricultural application, etc. Second, through the operation in the later stage, it can proce a certain monetary value. Third, it has certain circulation
3. High return, rapid accumulation of funds< Third, legal definition
1. It is not allowed to issue and trade digital cryptocurrency in the people's Republic of China, and its legitimacy is questioned. The main reason is that the supervision of digital currency is difficult, which may restrict the circulation of currency. In addition, because digital encryption currency has no solid value support, the huge economic bubble will easily cause financial system risk.
2. Therefore, this kind of business is the main body of the market. Most of the issuers are located in Malaysia, Singapore and other areas with relatively lax supervision and relatively open financial markets
3. Strike hard. One case was found, investigated and dealt with, and identified as financial fraud. The main issuers are generally in Myanmar, Cambodia and other areas where military protection forces are more prevalent. After raising funds from Chinese mainland, the local military will pay protection fees. Later, he directed domestic crimes abroad.
There are two reasons for the prohibition of virtual currency trading by the state:
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 everyone's control. 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
bitcoin and other so-called "virtual currencies" lack a clear value basis, the market is full of speculative atmosphere, the price fluctuates violently, and investors blindly follow suit, which is easy to cause capital losses
2. Evade supervision and become the "accomplice" of criminal activities:
bitcoin is popular as a payment tool in the so-called "dark web" world“ The "dark net" is full of all kinds of serious criminal activities. One of the original intentions of the invention of bitcoin is to evade regulation. It has the characteristics of anonymity and convenient cross-border flow, and has become the preferred tool of "underground economy"
the existence of bitcoin and exchanges and other instrial chains has constructed a illegal financial market for asset transfer and financing in addition to legal currency, increased the difficulty of regulatory authorities in managing financial security and stability, and promoted regulatory arbitrage and financial crimes. The risks and social security risks it brings to the financial market are far higher than its innovative value
extended information
virtual currency transactions are not protected by law:
according to the notice on preventing bitcoin risks issued by the people's Bank of China and other departments on December 3, 2013 and the announcement on preventing financing risks of token issuance issued by seven ministries and commissions including the people's Bank of China on September 4, 2017, virtual currency is not issued by monetary authorities, It is not a real currency because it does not have the monetary attributes of legal compensation and compulsion
in terms of nature, virtual currency should be a specific virtual commodity, which does not have the same legal status as currency, and can not and should not be used as currency in the market. Although citizens' investment and trading in other virtual currencies are personal freedom, they can not be protected by law
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.
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