Borrowing to buy virtual currency
Publish: 2021-04-23 00:25:56
1. It is a civil economic dispute< There are two types of economic disputes:
one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc
Second, economic tort disputes; Such as intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights infringement disputes. In the market economy, the contract is a legal and universal form in which the equal market subjects establish the transaction relationship, jointly implement the transaction behavior, and pursue and realize the economic purpose. Therefore, the contract dispute is the main part of the economic dispute
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), grain silver (used for bixue Qingtian game), and popular digital currencies in 2013, such as bitcoin, Laite currency, Fuyuan currency, etc. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitkin, Wright silver".
one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc
Second, economic tort disputes; Such as intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights infringement disputes. In the market economy, the contract is a legal and universal form in which the equal market subjects establish the transaction relationship, jointly implement the transaction behavior, and pursue and realize the economic purpose. Therefore, the contract dispute is the main part of the economic dispute
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), grain silver (used for bixue Qingtian game), and popular digital currencies in 2013, such as bitcoin, Laite currency, Fuyuan currency, etc. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitkin, Wright silver".
2. To judge whether it is MLM or not, we need to analyze the legal connotation of this behavior from a legal point of view. If the following conditions are met, it belongs to MLM< According to the "Regulations on the prohibition of pyramid selling":
Article 2, pyramid selling refers to that the organizer or operator's development personnel seek illegal benefits by calculating and paying remuneration to the developed personnel based on their number of directly or indirectly developed personnel or sales performance, or requiring the developed personnel to obtain the qualification of joining in the condition of paying a certain fee, Disturbing economic order and affecting social stability< Article 7 the following acts belong to pyramid selling:
(1) organizers or business operators, through development personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developed personnel based on the number of personnel developed directly or indirectly, so as to seek illegal benefits
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
in the regulations on the prohibition of pyramid schemes, the concept of hierarchical relationship is repeatedly mentioned. The hierarchical relationship formed by certain rules is only a phenomenon in many pyramid schemes. It must be related to the illegal possession of other people's property before it can be suspected of pyramid schemes.
Article 2, pyramid selling refers to that the organizer or operator's development personnel seek illegal benefits by calculating and paying remuneration to the developed personnel based on their number of directly or indirectly developed personnel or sales performance, or requiring the developed personnel to obtain the qualification of joining in the condition of paying a certain fee, Disturbing economic order and affecting social stability< Article 7 the following acts belong to pyramid selling:
(1) organizers or business operators, through development personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developed personnel based on the number of personnel developed directly or indirectly, so as to seek illegal benefits
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
in the regulations on the prohibition of pyramid schemes, the concept of hierarchical relationship is repeatedly mentioned. The hierarchical relationship formed by certain rules is only a phenomenon in many pyramid schemes. It must be related to the illegal possession of other people's property before it can be suspected of pyramid schemes.
3. It's OK. The unsafe ones are all small platforms. If you're looking for a large platform, you can't connect it. There's no such problem. Now you can look at the realm of a larger platform. Many people do this, and they won't slide.
4. Virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
according to the notice and announcement issued by the people's Bank of China and other departments, virtual currency is not issued by the monetary authority, does not have legal compensation and mandatory monetary attributes, is not a real currency, does not have the same legal status as currency, cannot and should not be used as currency in the market, and citizens' investment and transaction of virtual currency are not protected by law
warm tips:
1. The above explanation is for reference only. Before investing, it is suggested that you first understand the risks existing in the project, and understand the investors, investment institutions, chain activity and other information of the project, rather than blindly investing or mistakenly entering the capital market
2. Investors should not use such information to replace their independent judgment or only make decisions based on such information, which does not constitute any investment operation
response time: February 18, 2021. Please refer to the official website of Ping An Bank for the latest business changes
[Ping An Bank I know] want to know more? Come and see "Ping An Bank I know" ~
https://b.pingan.com.cn/paim/iknow/index.html
according to the notice and announcement issued by the people's Bank of China and other departments, virtual currency is not issued by the monetary authority, does not have legal compensation and mandatory monetary attributes, is not a real currency, does not have the same legal status as currency, cannot and should not be used as currency in the market, and citizens' investment and transaction of virtual currency are not protected by law
warm tips:
1. The above explanation is for reference only. Before investing, it is suggested that you first understand the risks existing in the project, and understand the investors, investment institutions, chain activity and other information of the project, rather than blindly investing or mistakenly entering the capital market
2. Investors should not use such information to replace their independent judgment or only make decisions based on such information, which does not constitute any investment operation
response time: February 18, 2021. Please refer to the official website of Ping An Bank for the latest business changes
[Ping An Bank I know] want to know more? Come and see "Ping An Bank I know" ~
https://b.pingan.com.cn/paim/iknow/index.html
5. Hello, just buy bitcoin
advantages
complete decentralization, without issuing institutions, it is impossible to manipulate the number of issues. Its distribution and circulation are realized through open-source P2P algorithm
anonymity, tax exemption and supervision free
robustness. Bitcoin is completely dependent on P2P network and has no distribution center, so it cannot be shut down externally. Bitcoin price may fluctuate and collapse, and many governments may declare it illegal, but bitcoin and its huge P2P network will not disappear
cross border. Cross border remittance will go through layers of exchange control agencies, and the transaction records will be recorded by many parties. But if you trade with bitcoin, enter the digital address directly, click the mouse and wait for the P2P network to confirm the transaction, a lot of money will pass. It does not go through any regulatory agencies and will not leave any cross-border transaction records
it is difficult for the cat to survive. Because bitcoin algorithm is completely open source, anyone can download the source code, modify some parameters, recompile, and create a new P2P currency. But these counterfeit currencies are fragile and vulnerable to 51% attacks. Any indivial or organization, as long as it controls 51% of the computing power of a P2P currency network, can manipulate transactions and currency value at will, which will be a devastating blow to P2P currency. Many Shanzhai coins die in this link. The bitcoin network is robust enough. If you want to control 51% of the computing power of the bitcoin network, the number of CPUs / GPUs required will be astronomical.
advantages
complete decentralization, without issuing institutions, it is impossible to manipulate the number of issues. Its distribution and circulation are realized through open-source P2P algorithm
anonymity, tax exemption and supervision free
robustness. Bitcoin is completely dependent on P2P network and has no distribution center, so it cannot be shut down externally. Bitcoin price may fluctuate and collapse, and many governments may declare it illegal, but bitcoin and its huge P2P network will not disappear
cross border. Cross border remittance will go through layers of exchange control agencies, and the transaction records will be recorded by many parties. But if you trade with bitcoin, enter the digital address directly, click the mouse and wait for the P2P network to confirm the transaction, a lot of money will pass. It does not go through any regulatory agencies and will not leave any cross-border transaction records
it is difficult for the cat to survive. Because bitcoin algorithm is completely open source, anyone can download the source code, modify some parameters, recompile, and create a new P2P currency. But these counterfeit currencies are fragile and vulnerable to 51% attacks. Any indivial or organization, as long as it controls 51% of the computing power of a P2P currency network, can manipulate transactions and currency value at will, which will be a devastating blow to P2P currency. Many Shanzhai coins die in this link. The bitcoin network is robust enough. If you want to control 51% of the computing power of the bitcoin network, the number of CPUs / GPUs required will be astronomical.
6. It's not against the law, but if the other party deceives you, you can't recover the money. It's an illegal debt. It's not protected by law. Virtual currency is not issued by the monetary authority. It doesn't have the monetary attributes of legal compensation and compulsion. It's not a real currency. It doesn't have the same legal status as currency. It can't and shouldn't be used as currency in the market, Citizens' investment and transaction of virtual currency are not protected by law
hope to adopt, thank you
hope to adopt, thank you
7. According to Article 52 of the third chapter of the contract law of our country, a contract is invalid under any of the following circumstances:
(1) one party enters into a contract by means of fraud or coercion, which damages the interests of the state< (2) malicious collusion to damage the interests of the state, the collective or the third party< (3) cover up the illegal purpose in legal form
(4) damage to public interests< (5) violation of mandatory provisions of laws and administrative regulations
bitcoin is a kind of currency that is not recognized in China, so it belongs to the third part of the above-mentioned law, which covers up the illegal purpose in a legal form. The contract is void
however, if one party violates the contract e to its fault after signing the contract, it can be investigated for civil liability.
(1) one party enters into a contract by means of fraud or coercion, which damages the interests of the state< (2) malicious collusion to damage the interests of the state, the collective or the third party< (3) cover up the illegal purpose in legal form
(4) damage to public interests< (5) violation of mandatory provisions of laws and administrative regulations
bitcoin is a kind of currency that is not recognized in China, so it belongs to the third part of the above-mentioned law, which covers up the illegal purpose in a legal form. The contract is void
however, if one party violates the contract e to its fault after signing the contract, it can be investigated for civil liability.
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