Virtual currency can be inherited as a legacy

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

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

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

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

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

Our life is surrounded by the Internet. Everything is inseparable from the mobile phone operation of the Internet, and our life is inseparable from the mobile phone. Even if the first thing everyone wakes up is to pick up the mobile phone to watch and inlge in the mobile phone world, some enterprises have developed different games for mobile phones, As long as you log in to your account, you can play the game at any time, so that you can better experience the fun of the game. Just because we can't do without mobile phones, the game account and the virtual property inside have become the point of debate. Under the leadership of young people in the new era, they all think that the game account and other virtual property can be protected as personal heritage

I think for the above figures, they should be able to be inherited by their heirs just like other things, because for our country, the corresponding civil code has incorporated the corresponding digital property into the private property, And in our country's corresponding judicial practice, there are many cases to solve the corresponding digital property problems. Therefore, for these digital heritages, they should also be dealt with according to the corresponding standards of physical heritages. Only in this way can most citizens have laws to follow when they inherit and arrange their own heritages{ RRRRR}

and not only the game instry, it needs the corresponding digital heritage. With the continuous development and promotion of the corresponding virtual currency, the corresponding digital currency also needs to be managed as the corresponding digital heritage. Therefore, the corresponding digital heritage should also be dealt with according to the relevant provisions of the physical heritage