Speculation in virtual currency is not allowed
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond the control of all people. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.
Following bitcoin China's announcement of closing down, recently, trading platforms such as hotcoin.com also announced that they would stop trading in RMB at the end of the month. So far, the three major domestic virtual currency trading platforms have been suspended
investors should adhere to rational investment, not blindly follow the trend, nor take chances. There are risks in investment, especially in the face of a new model, we should be more cautious in investment, so as not to become the target of wealth plunder by criminals
There are two reasons for the prohibition of virtual currency trading by the state:
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond everyone's control. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code
bitcoin and other so-called "virtual currencies" lack a clear value basis, the market is full of speculative atmosphere, the price fluctuates violently, and investors blindly follow suit, which is easy to cause capital losses
2. Evade supervision and become the "accomplice" of criminal activities:
bitcoin is popular as a payment tool in the so-called "dark web" world“ The "dark net" is full of all kinds of serious criminal activities. One of the original intentions of the invention of bitcoin is to evade regulation. It has the characteristics of anonymity and convenient cross-border flow, and has become the preferred tool of "underground economy"
the existence of bitcoin and exchanges and other instrial chains has constructed a illegal financial market for asset transfer and financing in addition to legal currency, increased the difficulty of regulatory authorities in managing financial security and stability, and promoted regulatory arbitrage and financial crimes. The risks and social security risks it brings to the financial market are far higher than its innovative value
extended information
virtual currency transactions are not protected by law:
according to the notice on preventing bitcoin risks issued by the people's Bank of China and other departments on December 3, 2013 and the announcement on preventing financing risks of token issuance issued by seven ministries and commissions including the people's Bank of China on September 4, 2017, virtual currency is not issued by monetary authorities, It is not a real currency because it does not have the monetary attributes of legal compensation and compulsion
in terms of nature, virtual currency should be a specific virtual commodity, which does not have the same legal status as currency, and can not and should not be used as currency in the market. Although citizens' investment and trading in other virtual currencies are personal freedom, they can not be protected by law
There is no law in China to ban bitcoin, so it is not illegal to mine and earn bitcoin
it is not illegal to buy bitcoin in China. In 2013, five ministries and commissions jointly issued the bitcoin risk notice, which states that although bitcoin does not belong to legal tender and is not legally compulsory, people can freely participate in bitcoin trading activities when they voluntarily undertake risks
"notice" clearly defines the nature of bitcoin, and holds that bitcoin is not issued by the monetary authority, has no monetary attributes such as legal compensation and mandatory, and is not a real currency. In terms of nature, bitcoin is a specific virtual commodity, which does not have the same legal status as currency and cannot and should not be used as currency in the market
however, as a kind of commodity trading on the Internet, ordinary people have the freedom to participate in bitcoin trading at their own risk
the notice requires that at this stage, financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin as a central counterparties, underwrite insurance business related to bitcoin or include bitcoin in the scope of insurance liability, and provide other bitcoin related services to customers directly or indirectly, Including: providing bitcoin registration, trading, clearing, settlement and other services for customers; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc
in order to avoid over hype of virtual commodities such as bitcoin in the name of "virtual currency" and damage the public interest and the legal tender status of RMB, the circular requires financial institutions and Payment institutions to correctly use the concept of currency in their daily work, pay attention to strengthening the ecation of the public's knowledge of currency, and correctly understand the concept of currency The concept of correctly treating virtual commodity and virtual currency, rational investment, reasonable control of investment risk, and maintenance of their own property security should be included in the content of financial knowledge popularization activities, so as to guide the public to establish a correct concept of currency and investment
source of reference: People's website bitcoin network virtual currency
With regard to the digital currency which has soared tens of thousands of times before, various policies and news are constantly emerging. Bitcoin fell from the highest point of 130000 to about 40000, and Shanzhai digital coin even fell to 99%. But Xiangge said that the transaction will not end, but there will be periodic fluctuations. In the news of China financial news network, I communicated with senior people in the currency circle for the first time. When the news is all over the place and people are in a panic, the more we need to listen to the ideas and opinions of professionals. My friend, a Xiong, CEO of digital exchange, has experienced the whole process of digital currency take-off, development and adjustment. His current project is digital currency trading platform and related intelligent investment consultant. His thoughts and opinions are summarized as follows:
Speculation in foreign exchange generally refers to foreign exchange margin trading and firm offer trading. That is, investors conct foreign exchange transactions with the services provided by banks or brokers
At present, there are two main channels for domestic investors to invest in foreign exchange, one is through the foreign exchange firm offer opened by domestic banks, the other is through foreign dealers (domestic agencies) to directly open accounts abroad for foreign exchange margin business. The biggest difference between foreign exchange margin trading and foreign exchange firm offer trading is that foreign exchange margin trading takes the form of margin, and uses leverage principle to make small and broad. This paper focuses on whether the residents log on to the foreign dealer platform through personal login or network agent platform to conct foreign exchange margin trading constitutes the crime of illegal operation of illegal foreign exchange trading or related illegal actsdoes speculation in foreign exchange by domestic residents constitute a crime of illegal foreign exchange trading? Before that, some people thought that trading foreign exchange in China must be carried out in designated banks or relevant institutions, and speculation in foreign exchange is obviously a kind of speculation through trading foreign exchange, reselling foreign exchange, and it is a typical reselling for profit, so this kind of behavior constitutes illegal foreign exchange trading outside the prescribed place, As long as the amount of business exceeds 200000 US dollars or the profit exceeds 50000 RMB, it constitutes the crime of illegal business operation
the most famous case is that Huang Guangyu was convicted of insider trading and illegal business operation. The court found that in order to repay his gambling debts in Macao, Huang Guangyu paid Macao's casinos in RMB exchange for Hong Kong dollars through underground banks, and the amount exceeded 100 million yuan. The court held that this kind of behavior belonged to trading foreign exchange outside the designated place, so it constituted the crime of illegal business operation
However, first of all, the object of the crime of illegal foreign exchange trading is China's foreign exchange management system. The reason why the judicial authorities of our country regard Huang Guangyu's behavior as the crime of illegal business operation is that this kind of behavior of purchasing foreign exchange through underground banks infringes the existing foreign exchange management system of our country, and belongs to the typical realization of illegal OTC Foreign Exchange