Virtual currency can be used as inheritance
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 imaginethe 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
There is no official recognition of any virtual currency in China. There is also no legal virtual currency
virtual currency is the proct of network, and the flow of digital information 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. There is no legal basis for the establishment of various so-called "currency" trading platforms in China P>
the establishment of all kinds of bitcoin trading places has neither been approved nor supervised. To enlarge the scale of transactions, it is necessary to provide leveraged transactions such as financing and melting coins, which has aggravated the price shocks and bubbles. The public has participated in such transactions without any legal protection. p>
extended information:
virtual currency is not issued by the monetary authority, does not have monetary attributes such as compensatory and mandatory, does not have the same legal status as currency, and cannot be used as currency in the market. In essence, the issuance and financing of virtual currency is a kind of illegal public financing without approval. It is suspected of illegal sale of token tickets, illegal fund-raising, financial fraud, pyramid schemes and other illegal and criminal activities. Investors should not be carried away by "high income"
There are many hidden risks in virtual currency, which seriously affect the financial order. Virtual money pyramid selling breaks through the limitation of traditional geographical space, and if there is a formal company facade as a cover, it can publicize the company on a large scale, and the propagation speed is amazing. If it can not be found and dealt with in time, it will cause great destructive power. In the future, the regulatory agencies can study and explore the relevant business models of virtual currency trading within the scope of controllable risk, improve the regulatory scheme, and promote the long-term regulatory mechanismCivil code (Draft)
Article 1122 estate is the personal legal property left by a natural person at the time of death, except for those that cannot be inherited according to the law or their nature
therefore, since the implementation of the civil code in 2021, the scope of heritage has been extended to the legal property of natural persons, and the legal parts of virtual currency and network property can be inherited
as early as 2003, UNESCO clearly put forward in the Charter for the preservation of digital heritage that digital heritage is the unique knowledge and expression of human beings, which includes culture, ecation, science, management information and technology, law, medicine and other information existing in digital form, or converted from the existing similar mode into digital form
it is generally believed that digital heritage can be divided into material and spiritual categories. Material digital heritage refers to directly linked to property, such as Alipay balance, bitcoin and other virtual currencies. The spiritual ones are social accounts, personal files, etc., which are virtual properties formed by users who spend a lot of time and energy. They are not only the spiritual home of users' daily life, but also the spiritual comfort of relatives through inheritance< According to Article 127 of the general provisions of the civil law, "if there are laws on the protection of data and network virtual property, such provisions shall prevail."
in this regard, Chen Kai believes that the general provisions of the civil law have made principled provisions for the protection of virtual property“ When the definition and scope of virtual property have not been fully determined, it may be more appropriate to make provisions in principle. "<
after consulting relevant laws and regulations, the reporter found that the property law, inheritance law and relevant instructions only regulate the tangible property, and the inheritance of intangible property that may be involved in digital heritage can not be found<
Liu Junhai, director of the Institute of commercial law of Renmin University of China, pointed out that at present, China only takes a relatively conservative attitude towards this, affirming that data should be protected by law, but not affirming the independent civil rights to data“ China's current inheritance law only provides for the inheritance of physical property, but does not provide for the inheritance of virtual property on the Internet. As a result, it is difficult to realize the inheritance of digital heritage in essence, which needs to be revised in the future. "
e to the lack of clear legal provisions, at present, the treatment of digital heritage is mainly determined by Internet platform operators. This also lays a hidden danger for disputes
some scholars have proposed that e to the multiple attributes of communication and social accounts, such as personal privacy, user property and personality, the discussion of inheritance behind them needs to be more carefully grasped< Chen Kai pointed out to the reporter that at present, the virtual property written into the will as a legacy has some problems, such as difficult to confirm the ownership, difficult to find and difficult to transfer“ Because the virtual property is scattered in the servers of various operators, and some virtual properties, such as QQ space, are relatively private. "
it is understood that at present, the platform mainly has two ways to deal with the user's Digital Heritage: first, the user only has the right to use the account, while the network service provider has the ownership. At this time, the account cannot be inherited, and the network service provider can choose to close, delete or cancel the user's account; The second is that the user has the ownership, and the digital heritage can be inherited. At this time, the inheritance of digital heritage needs to provide a series of proof materials
in most cases, Internet companies stipulate that the ownership and use right of user accounts are separated. For example, Sina Weibo, Tencent QQ and other user service use agreements stipulate that if the user does not actually use the service within a period of time after applying for the service, the operator has the right to choose to recycle the user's nickname, account number or stop the service within the scope permitted by laws and regulations<
Liu Junhai believes that there are two aspects to deal with digital heritage: first, the platform should plan the rules of Digital Heritage Inheritance in detail, and make clear the process of inheritors inheriting digital heritage. When a successor appears, the platform has the obligation to assist the successor to inherit the digital heritage according to law. When dealing with digital heritage, the platform should fulfill the obligations of notice, disclosure, assistance and confidentiality, which are also the basic legal requirements to be followed when dealing with digital heritage. Secondly, in terms of legislation, it is suggested that the legislature should take the issue of digital heritage into consideration when amending relevant laws.
you can't see it
Our life is surrounded by the Internet. Everything is inseparable from the mobile phone operation of the Internet, and our life is inseparable from the mobile phone. Even if the first thing everyone wakes up is to pick up the mobile phone to watch and inlge in the mobile phone world, some enterprises have developed different games for mobile phones, As long as you log in to your account, you can play the game at any time, so that you can better experience the fun of the game. Just because we can't do without mobile phones, the game account and the virtual property inside have become the point of debate. Under the leadership of young people in the new era, they all think that the game account and other virtual property can be protected as personal heritage