Is virtual currency marital property

1.

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

In order to protect the legitimate rights and interests of "virtual token" holders, the author intends to discuss such issues through a relevant news report and relevant cases

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

In the author's opinion, this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interest protected by this crime is actually the public order of our society, not the property interests of the digital currency holders, which in fact denies the property value of digital currency, It is only protected as a data or system function in a computer system. The author thinks that there is some irrationality in this way

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

Secondly, Article 127 of the general provisions of the civil law, which came into effect on October 1 last year, stipulates that if the law has provisions on the protection of data and network virtual property, such provisions shall prevail. Although only the protection of the network virtual property has made the principle provisions, but it can not be denied that this shows our country's attitude towards the protection of the network virtual property. Although there is no special law for the protection of data and network virtual property in China, from the perspective of the general provisions of civil law, it is predicted that there will be relevant legislation in the future

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

2. 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"

virtual property refers to the narrow sense of digital and non materialized property forms, including a series of information procts such as online games, e-mail, network paging, etc. Including the character image formed in the long-term virtual life, which can not be converted to the virtual property in real life and the narrow sense of digital and non materialized property form, it includes a series of information procts such as online games, e-mail, network paging, etc. However, e to the prevalence of online games, virtual property to a large extent refers to the property existing in the online game space, including the level of game account, game currency, various equipment owned by game characters, etc. these virtual property can be converted into real property under certain conditions.

3. Digital currency is in its own name and account, which is its own assets. The digital currency issued by the state is endorsed and guaranteed by the national credit, unlike bitcoin.

4. Of course, this is illegal. Online game virtual currency belongs to personal property and is protected by Chinese law
of course, bitcoin, Ruitai coin, Laite coin and vitality coin also belong to the category of virtual property and are protected by law.

5. The object of virtual currency legal relationship is a small amount of funds transfer. This is not only our country, but also the blank part of the world's law. Encountering such economic disputes, we can only use laws similar to gambling law. At present, there are reports that the central bank may enter this field, which may lead to the improvement of the law.

6. Bitcoin is hardly bankrupt. At most, its market value is zero

there are many unsuccessful currencies in history, such as the Deutschmark in the Weimar Republic and, more recently, the Zimbabwean dollar. Although previous currency failures were usually e to over inflation that could not happen on bitcoin, there were always potential technical errors, currency competition and political problems. The basic lesson is that no currency can be considered absolutely safe from failure or difficult times. Bitcoin has been proven reliable for several years since its birth, and it has great potential to continue to grow. But no one can predict the future of bitcoin< The rapid rise in price of BR />
does not constitute a bubble. Artificial overestimation will lead to a sudden downward revision, which will form a bubble. The price fluctuation of bitcoin caused by the indivial behavior of thousands of market participants is the result of the market determining the price. From the emotional point of view, the reasons for price changes include: the loss of confidence in bitcoin, the huge difference between price and value not based on the fundamentals of bitcoin economy, more and more news reports stimulating speculative demand, fear of uncertainty, and outdated irrational prosperity and greed.

7. Hu Xuan dance and rainbow clothes dance

8. If there is evidence to prove that virtual currency belongs to the common property of husband and wife, it can be divided
virtual currency has been included in the scope of legal property in the general provisions of civil law, so it should be considered as property. However, virtual currency is generally registered on the Internet in the name of an indivial. According to the information on the Internet, it is personal property. Only if it can be proved that it belongs to the joint property of husband and wife, it can be divided< According to the general provisions of the civil law, Article 127 of the law shall apply to the protection of data and network virtual property.

9. If the property is premarital, the demolition compensation belongs to personal property; if it is premarital, the demolition compensation belongs to the joint property of husband and wife< According to the interpretation of the Supreme People's Court on Several Issues concerning the application of the marriage law of the people's Republic of China (1), Article 19 the property owned by one of the husband and wife as stipulated in Article 18 of the marriage law shall not be converted into the joint property of the husband and wife e to the continuation of the marriage relationship. Unless otherwise agreed by the parties< According to Article 17 of the marriage law of the people's Republic of China, the following property acquired by husband and wife ring the period of marriage shall be jointly owned by husband and wife:
(1) salary and bonus< (2) income from proction and operation< (3) income from intellectual property rights< (4) property derived from inheritance or donation, except as provided in Item 3 of Article 18 of this law< (5) other property that shall be jointly owned
husband and wife have equal rights to deal with the jointly owned property.