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Virtual currency China Insurance Regulatory Commission gets stol

Publish: 2021-04-25 23:19:18
1.

It is illegal to issue virtual currency privately

According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market

In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues

extended data

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"

market formation

the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time

With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imagine

the traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being

from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage

e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere

with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal

reference source: Network: virtual currency

2.

Virtual currency fraud calls 110 directly

many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public

this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds

the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated

extended data:

the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely

some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace

followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching

in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion

finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts

3.

in the era of material abundance, money can buy what you want and enrich your life. Therefore, people have a dream of realizing wealth freedom and entering a better life there are many such dreams, which are often used. With the development of the Internet, online transactions have become more convenient and fast, people's financial management ideas have improved, and they will take spare money to invest, but the bank interest is low, the fund will not choose, and the stock water is too deep. Generally speaking, the income can't tempt greedy people

1. It is illegal to have a financial trading platform that is not recognized by China Securities Regulatory Commission and China Banking and Insurance Regulatory Commission. With the concept of blockchain being put forward, virtual currency has become popular. In China, there are bitcoin, Leyte coin, Ruitai coin, etc. the income of these virtual currencies has been blown to be amazing. People who listen to these virtual currencies will be envious and have new illusions. They don't know that this is just a Ponzi scheme, and the virtual currency trading platform will trick investors into inviting them, After the investors' funds are cheated, there will be a series of figures. Some of them will fall sharply as soon as they buy, and smart people can stop losses. Some of them will go up sharply when they buy, and investors will continue to add chips, and finally they can't cash out

4.

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


5.

learned from the Xi'an Municipal Public Security Bureau's opening branch recently that the "3. 30" network hacker theft virtual currency case was broken down nearly half a year, and 3 suspect suspects were all arrested. The initial investigation found that the gang involved in the case reached 600 million yuan. p>

on March 30, 2018, the economic development branch of Xi'an Public Security Bureau received an alarm from the victim Zhang, claiming that his personal computer was suspected to have been illegally intruded, and a large number of virtual currencies such as bitcoin and Ethereum were looted, with a market value of over 100 million yuan. The Municipal Public Security Bureau quickly set up a special group to carry out the detection work

has been examined by the 3 suspects as hacker. Many illegal gains have been obtained through illegal invasion, control of company's enterprise and personal network system, and the amount of suspect involved has reached 600 million yuan. At present, the case is still under further investigation

6. 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
7. Shanshi (Han Yu)
8. The dressing of jewelry processing is to get a certain probability of gem from 5 parts of ore and destroy the ore at the same time. The following is the probability:

copper ore
required skills: 1
quantitative probability of mineral processing results
copper slag 1 100.0%
Malachite 1 50.0%
Huyan 1 50.0%
shadowstone 1 10.0%

required skills: 50
quantitative probability of mineral processing results
Tin slag 1 100.0%
Green Agate 1-2 35.0%
secondary Moonstone 1-2 35.0%
shadowstone 1-2 35.0%
Topaz 13.5%
jadeite 13.5%
cyanite 13.5%

iron ore
required skills: 125
number of mineral processing results Probability
iron slag 1 100.0%
Topaz 1-2 30.0%
jadeite 1-2 30.0%
secondary Moonstone 1-2 30.0%
cyanite 1 5.0%
Ruby 1 5.0%

mitag ore
required skills: 175
quantitative probability of mineral processing results
mitag slag 1 100.0%
Turquoise 1-2 30.0%
Ruby 1-2 30.0%
Topaz 1-2 30.0%
giant emerald 13.0%
sapphire 13.0%
big cat's eye 13.0%
Azeroth diamond 13.0%

silver ore
skills required: 250
/>Quantitative probability of mineral processing results
silver slag 1 100.0%
Ruby 1-2 30.0%
giant emerald 1-2 15.0%
sapphire 1-2 15.0%
big cat's eye 1-2 15.0%
Azeroth diamond 1-2 15.0%
gold delanite 12.0%
abyssal olivine Olivine 12.0%
flame clinopyroxene 12.0%
shadow Delaunay 12.0%
Blue Moonstone 12.0%
Blood Garnet 12.0%

Magic iron ore
required skills: 275
quantity probability of mineral processing results
Magic iron slag 1 100.0%
huangjinde Lenite 1-215.0%
abyssal olivine 1-215.0%
flame clinopyroxene 1-215.0%
shadow dryenite 1-215.0%
Blue Moonstone 1-215.0%
Blood Garnet 1-215.0%
limonite 11.0%
nighteye 11.0%
garnet Life Ruby 1 1.0%
Elune star 1 1.0%
rare Topaz 1 1 1.0%
high iron olivine 1 1.0%

hard steel ore
required skills: 325
quantitative probability of mineral processing results
hard steel slag 1 100.0%
gold delanite 1-2 20.0%
abyssal olivine 1-2 20.0%
flame clinopyroxene 1-2 20.0%
shadow draenite 1-2 20.0%
Blue Moonstone 1-2 20.0%
Blood Garnet 1-2 20.0%
limonite 12.5%
nighteye 12.5%
raw Life Ruby 12.5%
Elune star 12.5%
rare Topaz 12.5%
high iron olivine 12.5%
9.

Zhongmou, an employee of an Internet technology company in Haidian District of Beijing, took advantage of his position to steal 100 bitcoins from the company by inserting code with the permission of the administrator to modify the application program in the company's server. In March 24th, the procuratorial organ of Beijing city was informed by the people's Procuratorate of Haidian District that the procuratorial organ approved the arrest of the suspect Zhong Mou in accordance with the law on suspicion of illegally obtaining the data of computer information system. p> According to the prosecutor, bitcoin and other "virtual currencies", as a new Internet financial concept, have attracted much attention. The central bank once issued a risk warning on "virtual currency", stressing that China has not issued any virtual currency, nor authorized any institution or company to issue it, let alone a promotion team, At present, "virtual currency" in the market is non legal virtual currency

this case is the first case of bitcoin theft in Beijing. Although it is difficult to determine the value of bitcoin from a legal point of view, it will also violate the law if it goes beyond its authority and illegally modifies the functions of computer information system, causing economic losses such as maintenance< br />

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