Bitcoin property attribute first recognized by the judiciary
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 casesstealing 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 wayfirst 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 futurefinally, 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
Bitcoin, English name bitcoin, is a digital currency based on blockchain technology, which is composed of a series of computer-generated complex codes. Like RMB's ￥ and US dollar's $, bitcoin has its own symbol, the "B" in the figure below
The inventor of 
bitcoin is Nakamoto. Satoshi Nakamoto is the creator of bitcoin protocol and its related software bitcoin QT. In 2008, he published a paper called "bitcoin: a peer-to-peer electronic cash system", describing an electronic currency and its algorithm that he called "bitcoin"
In 2009, he released the first bitcoin software and officially launched the bitcoin financial system In 2010, he graally faded out and handed over the project to other members of the bitcoin communityNakamoto is believed to hold about one million bitcoins. If the price of each bitcoin was $2W, it was worth $20 billion at one time. So far, his true identity is still unknown to the outside world, that is to say, no one knows who Nakamoto is
bitcoin appeared after the global financial crisis in 2008. In fact, before that, many people have tried electronic currency, digital currency and virtual currency, but they have not succeeded. There are not only technical reasons, but also social environment and economic background reasons. To some extent, it was the 2008 financial crisis that gave birth to bitcoin
according to the regulations on the administration of RMB, the proction and sale of token tickets are prohibited. Because there is no clear judicial interpretation of the definition of token ticket, if bitcoin is included in the "token ticket", the legal prospect of bitcoin in China will face uncertainty< On June 4, 2009, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of virtual currency in online games (Wen Shi Fa [2009] No. 20) stated that the scope of application of virtual currency in online games was defined for the first time, and a distinction was made between the current virtual currency in online games and the virtual props in games; At the same time, the notice said that the "notice" stipulates that enterprises engaged in related services must be approved before they can operate
in China, some Taobao stores have begun to accept the use of bitcoin, and the number of businesses will graally increase
in October 2013, the first bitcoin quarterly, one bit, was released
on October 15, 2013, the network accelerator service of the network announced its support for bitcoin
on October 26, 2013, btcmini reported that GBL was hacked
on October 31, 2013, Lei Teng, a famous Internet lawyer, proposed the event of "filing a case to investigate the closure of GBL bitcoin trading platform as soon as possible", analyzed the "value function" and "use function" of bitcoin, and bitcoin should be governed by relevant laws.
On the afternoon of December 5, 2013, the people's Bank of China issued the notice on preventing bitcoin risks. In the notice, the people's Bank of China said that bitcoin is not a currency, but a virtual commodity. Financial institutions and Payment institutions are not allowed to carry out business related to bitcoin. As soon as the notice was issued, bitcoin fell sharply on China's trading platform, and it has dropped by 60% in three weeks. This is the beginning of bitcoin being restricted by the Central Bank of China. In mid March 2014, the people's Bank of China issued a notice on further strengthening bitcoin risk prevention to all branches of the people's Bank of China, which required all banks and third-party payment institutions to close the trading accounts of 15 domestic bitcoin platforms before April 15. This shows that it is illegal for financial institutions in China to open trading accounts for bitcoin website platforms. Except for cash transactions, bitcoin investors can not conct bank transfer and third-party payment for transactions in China< br />
DDE of nice University (Doctor of blockchain and digital economy management of nice University) is the first doctoral program of digital economy in China. It follows the current tide of digital economy and blockchain era, accurately grasps the essence and development direction of digital economy, and deeply participates in China's blockchain era and economic reform process. Cultivate talents in short supply in the job market such as blockchain, big data and artificial intelligence
DDE of nice University (Doctor of blockchain and digital economy management of nice University) Shanghai enrollment point: Xiejin ecation Xipu International College 19th floor D, Shentong Shentong Information Plaza, 55 Huaihai West Road, Shanghai.
it is recommended to select the activation location at the T-junction, close to the stone. First, clean up the small monsters on the side, then freeze the trap, mark, aim, and run backward by swinging the mouse. When you see that the demon is frozen, re aim. Switch to leopard guard and run towards the road immediately. Use level 1 arcane shooting to attract hatred. As soon as the CD arrives, jump and shoot it, And keep the devil's body with poisonous snake sting at any time. When you turn on the main road, give it an oscillation. Well, when you get on the main road, you'll almost succeed. Pay attention to the blue on your body. If it's less than half, drink blue. One big blue is enough to kill this demon, big red? No need
PS: demons will be out of combat status if they are not attacked for 6 seconds, and they will not be transformed by demons until they are 30 yards away
2) for the second devil, I chose the crater because it's the same continent as Dongquan. Let's get close to it
prepare the big blue one and the big red one (I didn't bring the big blue, but used a dark Rune and two big red)
activate the devil under the tree near the hot spring, mark the dog, trap, aim, and then immediately give the dog an oscillation, throw it back and run,, = the devil is trapped, and then start your fight with the dog around the hot spring, Or use level-1 arcane and viper to drag the dog away, properly oscillate it, then scatter it, and then run. Pay attention to oscillate it to make sure that there is a certain distance between the woman and the dog, so as not to be chased by the woman. Oh, after about a half circle, the dog will fall to the ground, and then switch to nature guard to start intimate contact with the woman. The next thing is simple
3) it's time to go back to iron and buy medicine. By the way, it's burning. Killing the devil is mainly controlled by time, because the devil is violent every 10 seconds. He cuts 1500-2000 blood and runs away sideways when he runs away
start, first activate the demon on the west side of a big pit, then freeze the trap, mark, aim, scatter, freeze, then repeatedly aim, scatter, and then fight it. If you want to calculate the time, you can see that the CD time of a fierce capture is 6 seconds. When you go up to chop, you first have a fierce capture. When it cools down, you'll have another one, then turn over and run away. When you see that the monster turns red, you'll have a poisonous scorpion spike, and then go up to chop. The same thing happens when you go up to chop. When it cools down, you'll have to turn over and over and run away. That's it
PS: it's time-consuming to kill the kites used on the strange Internet and jump up and down the tree. It's suggested to use melee instead of potion and any buff. This strange feeling is the easiest to kill: d
4) there are only xlss demons left. After reading some posts on the Internet, I said that this is the most difficult one among the four demons, and I have no bottom in my heart. Let's go and have a look first
prepare a demon slaughterer, a big blue, a big red, and a SS friend
just met a LR friend and brought me to the activation point to clear the strange, Then M sent a Ss to help, el with him first, and let him go to your first level anti-terrorism dot,
next, start to put a frost trap, as for why, I believe you all know, then mark, start strange, wait for the strange to step on the trap, feign death, mark, freeze trap, then return to blue, aim, scatter, hit the trap, and repeat, Remember that the poisonous snake spikes up, and then is to avoid insects to fight the devil, try to use scattering, other skills less, in order to save blue, with SS anti-terrorism, the devil is easy to deal with
finally, I wish the LR friends who have not completed the SS mission can complete the mission as soon as possible. Although some bows are better than SS bows, it is also the "game" to experience these four demons....