Is virtual currency gambling illegal

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. If the circumstances are serious, they are suspected of committing a crime and should be investigated for criminal responsibility according to law< Criminal law: Article 303 anyone who, for the purpose of making profits, gathers people to gamble or takes gambling as a business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined
those who open casinos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

3. It depends on the specific situation. Some virtual currencies are not recognized by the state, and some still belong to the gray area. In addition, the virtual currency equipment of some legal games can also be protected by law. We should analyze the specific situation.

4.

Gambling through the Internet is illegal

Article 70 of the law of the people's Republic of China on penalties for public security administration provides conditions for gambling for the purpose of making profits, or those who participate in gambling with large gambling capital shall be detained for less than five days or fined less than 500 yuan; If the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 3000 yuan

Article 303 of the criminal law of the people's Republic of China who, for the purpose of making profits, gathers people to gamble or takes gambling as a business shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined. Those who open casinos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined

extended information:

about the number of gamblers, the amount of gambling money and the identification of website agents in online gambling crime:

the number of member accounts of gambling websites can be identified as the number of gamblers. If it is verified that an account number is used by more than one person or multiple account numbers are used by one person, the number of gamblers should be calculated according to the actual number of users. The amount of gambling capital can be determined by multiplying the number of points bet or won on the Internet by the amount actually represented by each point

if the funds are directly or indirectly converted into virtual currency, game props and other virtual goods, and used as chips to bet, the amount of gambling money shall be determined according to the amount of funds required to purchase the virtual goods or the amount of funds actually paid

5.

Push money machine, is a kind of gambling machine, is strictly prohibited by law

if the money pusher is in violation of the provisions of Article 70 of the law of the people's Republic of China on penalties for public security administration, and is suspected of providing conditions for gambling or gambling, the public security organ can investigate and punish the perpetrator according to law. For the placement of the push machine, according to the law to give the seizure

attachment: Article 70 of the law on punishment of public security administration provides conditions for gambling for the purpose of making profits, or those who participate in gambling with large gambling capital shall be detained for not more than five days or fined not more than 500 yuan; If the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days and fined not less than 500 yuan but not more than 3000 yuan

Article 303 of the criminal law of the people's Republic of China on the crime of gambling. Those who open casinos shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined

extended materials

new judicial interpretation

on May 12, 2005, the Supreme People's court and the Supreme People's Procuratorate issued the interpretation on Several Issues concerning the specific application of law in handling Gambling Criminal Cases (hereinafter referred to as "interpretation"). To accurately understand and apply the interpretation, we should grasp the following aspects:

whether "for profit" is the key to distinguish gambling crime from non crime.

according to Article 303 of the criminal law, the premise of constituting gambling crime must not only have the general subjective elements of direct intention, but also have the special subjective elements of "for profit". Here "for profit" refers to the behavior of gathering people to gamble, opening casinos and taking gambling as a business, in order to obtain a large amount of money or other property

the ways for the actor to obtain property mainly include the following situations: first, taking profits; second, opening casinos to obtain illegal profits; third, directly participating in gambling to gain profits; fourth, organizing Chinese citizens to gamble abroad to obtain kickbacks, introction fees and other expenses

in judicial practice, whether the actor has "profit-making purpose" or not is mainly judged according to the way of gambling and the above profit-making way“ The existence of "for profit" determines whether the actor constitutes a gambling crime, and it is also the key to distinguish between gambling crime and non crime. Although the actor carries out entertainment activities with a small amount of property to win or lose, subjectively, there is also a profit component in order to win a small amount of property, but winning or losing does not matter to him, or it has little significance. His main purpose is for recreation and entertainment, so it does not belong to "for-profit"

In judicial practice, as long as it is found out that the perpetrator has established a gambling website, or acts as an agent for the gambling website, and accepts gamblers' bets, it can be identified as a casino, regardless of the number of gamblers, the number of gamblers' bets, and the amount of money

in practice, there is also such a situation, that is, the actor only uses the account and password of the gambling website obtained by him to organize and attract others to bet in the account. In this regard, if the perpetrator has neither set up a gambling website nor acted as an agent for the gambling website, then it can not be considered that the perpetrator has opened a casino; If the perpetrator meets one of the first three standards in Article 1 of the interpretation, it should be regarded as gathering people to gamble, otherwise it will not constitute a gambling crime

The accomplice of

gambling crime is one-sided accomplice, which is defined in Article 4 of

interpretation, and is called one-sided accomplice in criminal law theory. There are two points to pay attention to when identifying the accomplice of gambling crime:

first, there must be evidence to prove that the perpetrator knows that others are committing gambling crime, which is the premise of the perpetrator's subjective communication intention. The cognitive state of the actor is knowing, and the cognitive content is that others are committing gambling crimes

Second, the actor must provide direct help such as capital, computer network, communication and expense settlement. Among them, computer network help mainly refers to Internet access, server hosting, network storage space and other conditions and services. Among them, direct help means that for the occurrence and development of gambling crime, this kind of help has a direct role in promoting, not dispensable

heavier punishment for gambling of state functionaries

Article 5 of the interpretation stipulates several situations of heavier punishment: State functionaries, including state functionaries, mainly party and government officials, state-owned companies, enterprises, institutions and people's organizations engaged in public affairs, etc. One of the key points of this special action is to crack down on gambling by state functionaries. In the application of this article, we should pay attention to three points:

first, according to the provisions of the criminal law, no matter any citizen, except those who are engaged in gambling, their gambling behavior generally does not constitute the crime of gambling. The gambling behavior of state functionaries is no exception

Second, from the perspective of behavioral characteristics, it is difficult for state functionaries to identify gambling as a business because of their legitimate occupation, but they can be identified as gathering people to gamble or setting up casinos when they meet the standards specified in Article 1, which constitutes a gambling crime

Thirdly, from the perspective of investigating criminal responsibility, state functionaries who commit gambling crime are more harmful to society and should be given heavier punishment

There are two points to be noted in Article 7 of the interpretation: first, in "bribery through gambling", both the briber and the briber directly participate in formal gambling: "bribery through providing funds for gambling of state staff", Bribers do not directly participate in gambling, but only provide funds for bribers to gamble. No matter which form, the bribe takers directly participate in formal gambling

The second is that the determination of gambling bribery must comply with the specific elements of bribery and bribery stipulated in the criminal law, such as the briber's taking advantage of his position to ask for the briber's gambling money, or illegally accepting the briber's gambling money to seek the briber's interests, and the briber's offering gambling money to seek illegal interests, etc

According to Article 8 of the interpretation, gambling capital includes three forms of money and goods, namely, money and goods used for gambling, money and goods exchanged for chips and money and goods won through gambling. In addition, money and goods, such as cash, property and other funds in the credit card carried by the perpetrator that have not been used for gambling or chips, can not be regarded as gambling capital

in online gambling, "points" is equivalent to chips in real gambling. This calculation method is only applicable to the calculation of the amount of money and goods used as bets and the amount of money and goods won in computer network gambling, and can reflect the real amount of bets and wins in computer network gambling

All funds, means of transportation and means of communication specially used for gambling by gambling criminals should be confiscated. It is not appropriate to confiscate the cars, boats and mobile phones used by the participants for temporary contact