Invalid case of virtual currency transaction

1. With the rapid development of information instry in recent years, the Internet has entered the homes of ordinary people, and many people are not unfamiliar with virtual property. Small to the game equipment, virtual currency, big to QQ number, game account belongs to the category of virtual property. According to the calculation of relevant departments, last year, the scale of the domestic Internet virtual money market was more than 10 billion yuan, and this market is still growing at an annual rate of more than 20%. However, coins have two-sided properties, and the network itself has given birth to many unprecedented legal problems, which makes people at a loss. Such as network theft, right protection and other issues continue. According to the survey statistics of China Internet Network Information Center (CNNIC), "61% of the game players have experienced the theft of virtual property, and 77% of the game players feel that the current network environment is a threat to their virtual property.". These things that you and I are used to, for various reasons, may face illegal infringement and can not get right relief. The infringement of virtual property occurs from time to time, but most of them make the judicial authorities face such problems vaguely because of the lack of a clear and unified understanding in theory: either not to file a case, or to convict and sentence the defendant for the crime of infringing freedom of communication, or to sentence the defendant for the crime of theft. There are legal gaps in both civil and criminal aspects. From this point of view, the determination of the legal status of virtual property is the key to the problem. 2、 The legal status and necessity of virtual property there are two opposite views on the legal status of virtual property in China. The negative thinks that it has no value, only exists in the virtual society, and there is no need to protect it. The proponents think that the virtual property is obtained through personal labor, and there is no essential difference between the property that can circulate and the real social property, so it should be protected. In my opinion, under the current situation, it is necessary to bring virtual property into the scope of law 1 Virtual property has legal property attribute. 1. As a property, it must meet the following three conditions: first, it must have value; Second, there must be scarcity, that is, there must be no unlimited existence; Third, it must be legitimate. First of all, virtual property has value, which meets the requirements of value - undifferentiated human labor. The value of virtual property needs to consider time, money, intellectual skills, market supply and demand, game cycle, quantity and price of functional substitutes. Take QQ games as an example. These games all have levels. Players have to pay time and money to get to a higher level. The higher the level, the higher the value of this account in the market. Secondly, just like real objects, the equipment and game currency in the game are limited, and there are also specific objects and kinds of objects. As for legitimacy, that is obvious. 2. Virtual property has poured a lot of time, energy and money into the players. Although it can't be seen in the real society, it does exist. Just like the mobile phone number, it has positive significance for hundreds of millions of Internet users and can meet people's certain needs, including material and spiritual. In this respect, it is also in line with the nature of intangible property, which belongs to intellectual property (Liu Chuntian: Director of intellectual property teaching and research center of Renmin University of China). 3. Virtual property can be controlled by manpower, including deletion, modification, use and transfer. Therefore, virtual property has the property attribute in law 2 Virtual property transaction has a great impact on the real society. Mainly in two aspects: 1, the reality of a large number of virtual goods trading status. Online property such as game currency has initially been able to be exchanged with RMB, and some online game operators even take the sale of virtual property as their profit model (so this year, 14 ministries and commissions, including the Ministry of culture, jointly issued the notice on Further Strengthening the management of Internet cafes and online games). It is necessary to strengthen the regulation and management of virtual currency in online games, prevent the impact of virtual currency on the real economic and financial order, and limit the total amount of virtual currency. 2. Network theft of virtual property is also happening in large numbers. The current situation of network theft is that the theft mode of collectivization and instrialization endangers the survival of the Internet. Therefore, whether from the current situation of virtual goods trading or network theft, it shows the urgency of virtual property protection 3 It is the requirement of building a good faith and friendly society. Nowadays, the theft of property in reality has moved to the Internet, such as the theft of virtual property and other infringement events can not but be said to be a reflection of the real society. Since the Internet has been developing in China for a long time, we should try our best to purify this land. If we can effectively curb such behavior on the Internet, it will have a good role in promoting the construction of a good faith and friendly society. Containment can only be regulated by law. As a special property right of users, whether the network virtual property can be incorporated into the legal system of our country determines whether the judicial department can directly apply the laws of our country to protect the legitimate rights and interests of citizens. Therefore, it is necessary to correct the name of virtual property in law. Only when the name is correct, can we have the basis to formulate various laws and regulations to protect citizens' property more effectively. 3、 The protection of virtual property must admit that the protection of virtual property is still in the stage of theoretical exploration in China, and the debate has never stopped. In the face of this new phenomenon, it seems that it is not enough to only consider the traditional legal model. Therefore, we need to solve this problem with innovative thinking and appropriate reference to foreign advanced legal model 1 The interpretation and supporting provisions of the property law. People have high expectations for the recently passed property law, but there are no relevant provisions on virtual property in this law. For the lack of this aspect, we can consider to be reflected in the subsequent legislative or judicial interpretation, in order to improve the function of the property law, so that the law can protect citizens' property more thoroughly 2 Criminal law protection. We can consider adding charges or expanding the interpretation of property in the criminal law. As mentioned above, the judicial authorities have totally different opinions on the cases of infringement of virtual property. The same case but different qualitative may send a bad signal to the society. Under the existing legal framework of China, it is completely feasible to expand the interpretation according to a new situation 3 We should attach importance to the role of precedents. For example, after the first case of Internet theft in China was tried by Shenzhen court, it has played a good exemplary role for other courts to deal with similar issues. We can see that more and more courts recognize the legal status of virtual property and fictitious property. In the judgment of a local court in Jiangxi Province, it clearly recognized that virtual property belongs to the property protected by law. The court held that although there are still no relevant laws and regulations on the identification of virtual property in China, virtual property and real property have common interests in possession, use and income, which should also be protected by law 4 The way of administration. Government departments should also do a lot in this regard. We can formulate relevant laws and regulations to strengthen the management of network companies and Internet cafes, improve the registration system, make it clear that the legal network virtual property is protected by law, and punish the infringement of other people's legal network virtual property. Strictly implement the real name identity system of online games, and establish the reporting center for virtual property infringement 5 Some experiences of developed countries and regions are worth thinking and learning. Take South Korea, the most developed country of online games, as an example. When the game instry started to develop, it was also faced with the same confusion as we are now. It went to the two extremes of ignoring and over limiting, but it did not receive good results. After re examining the virtual transaction, South Korea finally recognized the legitimacy of virtual goods in law, and virtual transaction was also protected by law. Not long ago, South Korea proposed to further prohibit the intermediary services of virtual currency transaction, and formulated the "game instry revitalization law". Many developed countries and regions in the world, such as South Korea, Japan, Switzerland, Taiwan, Hong Kong and so on, have clearly recognized the value of "network virtual property" in legislation and judicature, and have been regulated by criminal law, and there have been criminal judgments against infringement of network virtual property. Some countries make it clear that virtual property has independent property value, which is the same as the traditional meaning of "property", and include virtual property into the object category of traditional property crime; Some countries, such as Switzerland, have expanded the system of traditional property crimes and created new ones, such as the crime of illegally obtaining data. Law comes from life, but it is higher than life. When the problem comes, we can only deal with it actively, but not evade and let it go. We should play an active role in guiding and maintaining the law. The market scale has reached tens of billions of huge market, if the lack of effective legal management, the network world will enter a disordered state of chaos, and then spread to the real society, if not timely and properly solve this legal problem, it will have a great impact on the personal property of citizens and social stability, but also against the original intention and essential requirements of building a harmonious society.

2. For example, the game currency used in online games, in fact, is recharged with real currency, or the game reward (game equipment or level) you get for spending a lot of time and energy in the game. In a sense, it condenses your labor and forms the income of labor, so when others violate your virtual currency in the game, That is, it constitutes a crime
in the form of game fraud, game account theft, etc

3. Qiu Hui, 27, used the convenience of working in an Internet company to unfreeze the account with virtual currency and sell it at a low price, making huge profits. The reporter learned today that the Beijing Second Intermediate People's Court of final appeal rejected Qiu Hui's appeal and upheld the court of first instance's sentence of four years' imprisonment for the crime of embezzlement
on November 1, 2005, Qiu Hui found that three of the company's online accounts with virtual currency were frozen, so he unfrozen the three accounts and bought all the company's game cards with the virtual currency of 1624 519 karat, worth more than 162000 yuan. Qiu Hui sold the game cards to others at a low price, making a profit of more than 150000 yuan. On June 28, 2006, when Qiu Hui was investigated by the company, he admitted most of the facts of the crime and returned 120000 yuan to the company. The rest of the money was wasted by Qiu Hui
after the trial and judgment of the court of first instance, Qiu Hui refused and appealed to the second intermediate people's court
after hearing, the second people's court held that Qiu Hui, as a manager of the company, took advantage of his position to embezzle the company's money, and the amount was huge. His behavior constituted the crime of embezzlement and should be punished according to law. The judgment of the first instance is correct and should be upheld< br /> http://www.fcx114.com/cxbg/7451.html

4. The Guangzhou Municipal People's Procuratorate charged that on May 4, 2002, the defendant Xia Xia and Wu Qingru (sentenced) used Xia Xia Kai's and Lin Fengmei's ID cards to register and rent Room 203, building e, building 3, No. 9, meiyuan street, Meiyuan community, Jingxi street, Baiyun District, Guangzhou City as a nest for counterfeiting currency, and employed Wu qingjuan, Wu Jinbiao, Lin Fengmei, Lin Yuxia, Wu Chujun Wu Hanrong (both sentenced) and others forged currency in the above-mentioned places. On June 25, 2002, public security officers arrested Wu Qingru, Wu Mingkun, Wu qingjuan, Wu Jinbiao, Lin Fengmei, Lin Yuxia, Wu Chujun and Wu Hanrong at the above-mentioned places on the spot, and seized 60970 pieces of counterfeit RMB with a total face value of 3094150 yuan. On January 13, 2005, the defendant Xia Xia Kai was arrested by Baiyun District branch of Guangzhou Public Security Bureau. Based on the documentary evidence, expert conclusion, witness testimony and the confession of the accomplice presented in court, the court accused the defendant of forging currency in summer, which was huge in amount and constituted the crime of forging currency.

5. Article 6 of the opinions of the Supreme People's Court on the people's court's trial of loan cases stipulates: "the interest rate of private loan can be appropriately higher than the bank's interest rate, and the people's courts of various regions can grasp it according to the actual situation of their own regions, but the maximum interest rate shall not exceed four times of the bank's similar loan interest rate (including the interest rate principal). If it exceeds this limit, the interest of the excess part shall not be protected. " Therefore, if the loan interest rate agreed by the parties is too high, the court can not support the interest rate agreed by the parties, nor can it calculate and pay the interest at one or four times of the same loan interest rate announced by the people's Bank of China for the same period. Instead, the judge exercises the discretion to determine the interest rate in combination with the local economic situation and the people's living standard. However, according to Article 9 of several opinions of the Supreme People's Court on the people's court's trial of loan cases, "in the case of regular interest free loan between citizens, the lender requires the borrower to pay the overe interest, or the irregular interest free loan fails to be paid after being urged; If the lender requests to pay the interest after the demand, it may calculate the interest with reference to the interest rate of the similar loan of the bank. Generally, it is more appropriate for the determined interest rate to be one time higher than the interest rate of the similar loan of the same period announced by the people's Bank of China, but it must not be more than four times. Therefore, in the trial practice, it is not appropriate to regard the excessive interest agreement as usury and not support the interest request of the parties, and to calculate and pay the interest at one or four times of the interest rate of similar loans in the same period announced by the people's Bank of China. Page 1 of 1

6. Shanghai Heshu blockchain is not a scam, but a large number of blockchains in Shanghai are a long-term planning, which can only be realized with planned planning, and can not be seen all at once.

7.

Personally, I don't think blockchain development technology is reliable. It's just what kind of R & D technology group you choose. Even if you choose a better R & D technology group, you may not be able to achieve the blockchain technology you require. Different instries and fields have different technical indicators, not to mention this complex new technology. On the other hand, let the R & D technology group agree with the machine instry thinking you need to apply, otherwise the procts developed will not meet your requirements. We focus on the professional field of blockchain technology, and the project has been carried out for more than a year, but it has not been successfully implemented. The difficulty is that overthrowing the traditional model will touch a great chain of interests, so it must be a process of graal infiltration

according to what you said: blockchain based on machine learning can be understood as asking a technical question

I hope the above answers can help you

8. Recently, Ma'anshan power supply company first seized the case of "bitcoin mining machine" stealing electricity
on March 9, the company received a report from the public that there might be electricity theft in building 6 of Santai West Hospital, resulting in low power consumption voltage of surrounding residents. After the anti stealing personnel arrived at the scene, they found that the reported area belonged to the old community, and some users had been demolished; The reported households have built walls and closed doors and windows. On March 10, anti stealing officers and police came to the scene again, opened the door of the house, and found that there were nearly 200 sets of equipment inside, which were cooled by blowers. It is determined that the equipment in the house is a "bitcoin digger", which is a computer used to earn bitcoin. It consumes a lot of power when working. After on-site inspection, the household was privately connected to 380 V three-phase four wire power supply, and the measured current reached 200 amperes, which was a serious electricity stealing behavior. At present, the case is being followed up
bitcoin, Ruitai coin, Laite coin and other digital cryptocurrencies may be used by pyramid schemes.

9. The loss is basically irreparable. You are willing to buy, both sides are a normal business transaction, not to mention pyramid selling, you also participate in, the police can not file a case. The so-called brainwashing of MLM organizations is not brilliant in nature. What they are deceived by is people's greed and the heart of getting something for nothing.

10. Only by calling the police, the public security organ shall investigate and deal with the case according to the specific circumstances. If you are defrauded, you belong to the victim. Recover the stolen money and return it to the victim after solving the case.