The stipulation of virtual currency in civil code
On June 28, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the "notice on strengthening the management of virtual currency in online games", which made it clear that virtual currency is expressed in the form of prepaid recharge card, prepaid amount or points of online games, but does not include game props obtained in game activities; Virtual currency shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises< The following is the full text of the Circular of the Ministry of culture and the Ministry of Commerce:
the Circular of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games
the cultural departments (bureaus) and commercial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the Cultural Bureau and commercial bureau of Xinjiang proction and Construction Corps, Beijing, Tianjin, Shanghai and Chongqing Ningxia Hui Autonomous Region Cultural market administrative law enforcement corps:
with the rapid development of online games, online game virtual currency is widely used in online game business services. The virtual currency of online games not only promotes the development of online game instry, but also brings new economic and social problems. Mainly reflected in: first, the lack of protection of user rights and interests; Second, market behavior lacks supervision; Third, the online game virtual currency in the use of disputes
in order to standardize the operation order of online game market, according to the spirit of Interim Provisions on Internet culture management, notice on Further Strengthening the management of Internet cafes and online games (Wen Shi Fa [2007] No. 10) and notice on standardizing the operation order of online games and banning the use of online game gambling (Gong Tong Zi [2007] No. 3), etc, With the consent of the people's Bank of China and other departments, the notice on strengthening the management of virtual currency of online games is as follows
Civil code (Draft)
Article 1122 estate is the personal legal property left by a natural person at the time of death, except for those that cannot be inherited according to the law or their nature
therefore, since the implementation of the civil code in 2021, the scope of heritage has been extended to the legal property of natural persons, and the legal parts of virtual currency and network property can be inherited
some game players affirm the value of online game point card, and some famous online game companies have given this point card credit. Therefore, in such a specific group, online game point card is likely to become currency. Virtual currency is nothing more than the main currency. In China, the only currency recognized and allowed to circulate in the market by the state is RMB.
however, e to the slow formation of ghost, and the early or even mid-term dare not fight group warfare, people now choose more heroes who can fight earlier. Now the CW, even on the big Naga are less, or water man and shadow devils abnormal
since the lifting of the ban, ants have played quite a lot in the competition. Ant can be used as a post, but now it is also used as a candidate for position 2 or position 3. Because of the enhancement of 1 skill, ant has good survival and explosive ability in the early stage, so it is a good candidate for single advantage road
ghosts and ants are not comparable. Ghost is the absolute core, main C, big DPS, super gank hero. The ant is a pseudo late stage, which is what we usually call the hero of the whole period, and each period is not weak. Play well, can be a big late play. Compared with ghost, Med Dr bear warrior and even SF water man are in the later stage. The position of ants can also be played by Karl, king of beasts, clockwork, bat, purk, alchemy and other heroes.
the newly promulgated Civil Code reserves this article of the contract law, which shows that this article is in line with the actual needs. It should be emphasized that it is illegal for the lender to collect "beheading interest" in advance when providing funds. When the borrower encounters "beheading interest", the court can only calculate the principal according to the actual amount lent by the lender, not only according to the amount stated on the debit note and other debt documents. However, the borrower has the obligation to bear the burden of proof on the fact of paying "beheading interest".
The specific provisions of the civil code are as follows:
Article 392 of the civil code of the people's Republic of China [Rules for the implementation of the security right in the case of coexistence of personal insurance and material insurance] if the secured creditor's right is secured by both material security and personal security, the debtor fails to perform the e debt or realizes the security interest as agreed by the parties, The creditor shall realize the creditor's right according to the agreement
if there is no agreement or the agreement is not clear, and the debtor provides the security of the thing, the creditor shall first realize the creditor's right on the security of the thing; If the third party provides the guarantee of the thing, the creditor may realize the creditor's right in respect of the guarantee of the thing, or request the guarantor to undertake the guarantee liability. The third party who provides the guarantee has the right to recover from the debtor after assuming the guarantee liability
Article 511 if the contents of the relevant contract are not clearly agreed by the parties and cannot be determined according to the provisions of the preceding article, the following provisions shall apply:(1) if the quality requirements are not clear, the performance shall be in accordance with the mandatory national standards; If there are no compulsory national standards, they shall be implemented in accordance with the recommended national standards; If there are no recommended national standards, they shall be implemented in accordance with the instry standards; If there is no national standard or instry standard, it shall be performed in accordance with the usual standard or the specific standard conforming to the purpose of the contract
(2) if the price or remuneration is not clear, the contract shall be performed according to the market price of the place where the contract is performed at the time of conclusion; If the government fixed price or government guided price should be implemented according to law, it shall be implemented in accordance with the provisions (3) if the place of performance is not clear and the payment is made in the currency, the performance shall be performed in the place where the party receiving the currency is located; If the real estate is delivered, it shall be performed in the place where the real estate is located; Other subjects shall be performed in the place where the party performing the obligations is located (4) if the time limit for performance is not clear, the debtor may perform at any time, and the creditor may request performance at any time, but the other party shall be given the necessary preparation time (5) if the way of performance is not clear, it shall be performed in a way concive to the realization of the purpose of the contract (6) if the burden of the performance fee is not clear, it shall be borne by the party performing the obligation; The additional expenses for performance e to the creditor shall be borne by the creditorArticle 188 the limitation period for applying to the people's court for protection of civil rights is three years. Where the law provides otherwise, such provisions shall prevail
The limitation period is calculated from the date when the obligee knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, such provisions shall prevail. However, if more than 20 years have passed since the date of damage to the right, the people's court shall not protect it. Under special circumstances, the people's court may, on the basis of the application of the obligee, decide to extend the time limitextended information:
the process of civil litigation
2. If the case is filed for review, the party concerned shall be informed to pay the litigation fee within 7 days, and the case shall be filed after paying the fee; If it does not meet the conditions for filing a case, it will not be accepted
if you are not satisfied with the ruling, you should appeal to the higher people's court within 10 days
after accepting the case, the court will serve a of the indictment to the other party within 5 days, and the other party will reply within 15 days, inform the party to exchange evidence, make a ruling on property preservation according to the application of the party, and immediately start the execution of the ruling; The public hearing of the case shall be announced three days in advance
(1) announce the hearing, check the identity of the parties, announce the members of the collegiate bench, inform the parties of their rights and obligations, and ask whether to apply for withdrawal (2) court investigation: the parties state the facts of the case (3) cross examination of evidence: to inform the witness of his rights and obligations, to testify, to read out the testimony of the witness who did not appear in court, to proce documentary evidence, material evidence and (3) to listen to information; Both parties express their opinions on the evidence materials(4) court debate: the parties argue and demonstrate the disputed facts and legal issues
(5) Court Mediation: under the auspices of the court, both parties agree to solve the dispute
If a mediation agreement is reached, a mediation statement will be made, which will take effect after both parties sign for it, and the parties will perform the content of the mediation statement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a decision (pronouncement)
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