Can bitcoin platform be bought privately
at present, the disorder of bitcoin trading in China needs to be cleaned up and rectified. This kind of clean-up and rectification has sufficient legal basis
1. The "transaction" and "circulation use" of bitcoin violate the law of the people's Bank of China of the people's Republic of China. Article 16 of the law clearly stipulates that "the legal currency of the people's Republic of China is RMB", and the institution that "issues RMB and manages the circulation of RMB" is unique, that is, the people's Bank of China; Article 20 stipulates that "no unit or indivial may print or sell token tickets to replace RMB in circulation on the market.". In fact, bitcoin has the function of "token", and the network platforms and merchants that conct bitcoin transactions have violated the provisions of the law, which should be investigated and dealt with in accordance with the law
2. Bitcoin's "trading" and "circulation and use" violate the foreign exchange regulations. Article 3 of the regulations clearly defines that "foreign exchange refers to the following payment means and assets expressed in foreign currency that can be used for international settlement, including foreign currency payment vouchers or payment instruments, including bills, bank deposit certificates, bank cards, etc.". Article 8 clearly stipulates that "the circulation of foreign currency is prohibited within the territory of the people's Republic of China, and foreign currency shall not be used for valuation and settlement.". Article 45 clearly stipulates: "those who buy or sell foreign exchange without permission, in disguised form, buy or resell foreign exchange, or illegally introce foreign exchange to buy or sell a large amount of foreign exchange shall be given a warning by the foreign exchange administration, their illegal income shall be confiscated, and a fine of less than 30% of the illegal amount shall be imposed; If the circumstances are serious, a fine of not less than 30% of the illegal amount shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. ". Bitcoin, as an international means of payment recognized by many countries, should be subject to the regulation. Websites and businesses engaged in bitcoin trading and use should be investigated and dealt with in accordance with the regulation< Third, bitcoin does not belong to the "virtual currency" defined in Chinese laws and regulations. Many bitcoin trading platforms claim to operate legally according to the relevant laws and regulations of China's "virtual currency", which is wrong. In 2009, the Ministry of culture and the Ministry of Commerce issued the notice on strengthening the management of virtual currency of online games, which clearly defined: "the virtual currency of online games mentioned in this Notice refers to the virtual currency of online games issued by online game operation enterprises, which is directly or indirectly purchased by game users using legal tender in a certain proportion, and exists outside the game program, It is a virtual exchange tool that is stored in the server provided by online game operators in the form of electromagnetic records and expressed in specific digital units. " The "notice" also makes it clear that "the use scope of online game virtual currency is limited to the virtual services provided by the issuing enterprise itself, and shall not be used to pay for, purchase physical procts or exchange for any procts and services of other enterprises". Bitcoin is not issued by game enterprises, and it can be exchanged for physical and currency. It can be seen that bitcoin is completely different from this kind of "virtual currency" and does not belong to the "virtual currency" stipulated by law. Even if it is engaged in the trading service platform business of "virtual currency", it is necessary to apply to the cultural authorities for the establishment of an operating Internet cultural unit for administrative license in accordance with the provisions. In the application report, it is necessary to specify the service (platform) mode, user purchase method (including cash, bank card, online payment and other purchase methods), user rights and interests protection measures, user's rights and interests protection measures Binding of user account and real name bank account, technical security measures, etc
so far, no bitcoin trading platform has obtained and is unlikely to obtain such administrative license
4. Bitcoin trading platform violates the telecommunication management regulations such as the telecommunication management regulations and the measures for the administration of Internet information services, which constitutes "illegal business operation"
Article 7 of the regulations on the administration of telecommunications clearly stipulates that "the State implements a licensing system for the operation of telecommunications business according to the classification of telecommunications business. In order to operate telecommunication business, a telecommunication business license issued by the competent department of information instry under the State Council or the telecommunication administrative agency of a province, autonomous region or municipality directly under the central government must be obtained in accordance with the provisions of these regulations. No organization or indivial may engage in telecommunications business without a telecommunications business license. " Internet information service is one of the value-added telecommunication services restricted by the law Article 4 of the measures for the administration of Internet information services stipulates that "the State shall implement a licensing system for operating Internet information services; The non operating Internet information service shall be put on record. Those who have not obtained permission or have not gone through the filing proceres shall not engage in Internet information services. " Bitcoin trading platform collects "transaction fees" or "withdrawal fees" or engages in "related advertising business", which belongs to "operating" Internet information service business
bitcoin trading platform has neither obtained nor is it possible to obtain "operating license for operating Internet information service business", and some websites have not even put it on record. This behavior constitutes "illegal business operation" according to law, and should be investigated and dealt with according to law< 5. Those who use bitcoin to engage in gambling, money laundering, bribery, fund-raising fraud and other illegal acts shall be punished in accordance with the relevant provisions of the criminal law of the people's Republic of China. Bitcoin's "value function" and "use function" make it become the "object element" of criminal behavior, and the criminal behavior related to bitcoin should not be placed outside the legal jurisdiction
no one can say for sure what the future of bitcoin will be. However, under the current financial management system of "foreign exchange can not be freely circulated and exchanged" in China, with the high incidence of corruption and economic crimes, it is impossible to seek the legitimacy of bitcoin trading platform, and it is sooner or later to clean up and rectify bitcoin trading platform. However, the sooner things come, the better. If they are delayed, more bitcoin trading platforms will collapse, more "investors" will lose all their money, and a large number of cases of "illegal business operation crime", "illegal fund-raising crime" and "fund-raising fraud" will be investigated to quell public indignation
if the relevant authorities think these bitcoin trading platforms are legal, they should also make a clear statement to give the operators of the relevant platforms a "talisman" to avoid "settling accounts in the future"
quoted from lawyer leiteng's blog
Unfortunately, bitcoin is no longer tradable in mainland China. Bitcoin China announced that it will stop all trading business on September 30, 2017
development information:
after bitcoin China and microbit, the bitcoin trading platforms in Shanghai and Shenzhen, respectively announced that they would close their trading business on September 30, 2017, on the evening of September 15, two other large domestic bitcoin trading platforms, Huo coin.com and okcoin.com, headquartered in Beijing, announced that they would suspend their registration from 21:30 on September 15, 2017 RMB recharge business; All users will be informed before September 30 that they are about to stop trading, and the trading business of all digital assets against RMB will be graally stopped before October 31
according to worldcoindex data, since September 1, bitcoin has dropped from $4800 to $3655, a drop of 24%, and its market value has shrunk by nearly $20 billion
in the same period, the decline of ether currency and Wright currency was 37.5% and 31% respectively. Over the past two weeks, Leyte currency has declined by more than 40% on the three major domestic trading platforms
Radar currency is a kind of virtual currency, which does not have the value of real currency and has high risk, so it should not be invested
in 2017, the people's Bank of China and other seven ministries and commissions jointly issued the announcement on preventing the risks of token issuance and financing, which clearly pointed out that the token or "virtual currency" used in token issuance and financing is not issued by the monetary authority, has no monetary attributes such as legal compensation and mandatory, and does not have the same legal status as currency, It cannot and should not be used as currency in the market
at the same time, the announcement also pointed out that illegal selling and circulation, raising so-called "virtual currency" from investors, such as bitcoin and Ethernet, is essentially an unauthorized illegal public financing behavior, which is suspected of illegal selling token bills, issuing securities, illegal fund-raising, financial fraud, pyramid selling and other illegal criminal activities
extended materials
the value of real currency or something with monetary attribute is guaranteed from two aspects: one is the strong state power guarantee and endorsement, the other is the general public use and irreplaceable. Therefore, virtual currency is obviously not real currency<
after the regulatory authorities have made clear their attitude, although bitcoin China, huocoin.com and other "virtual currency" operators have successively taken restrictive measures on the trading platform, the risk of "virtual currency" speculation still deserves high vigilance
in response, the China Internet Finance Association also said in the "tips on preventing the risks of bitcoin and other so-called" virtual currencies ", that bitcoin and other so-called" virtual currencies "lack a clear value basis and are increasingly becoming tools for money laundering, drug trafficking, smuggling, illegal fund-raising and other criminal activities
investors participate in speculation through the "virtual currency" trading platform, and face the risk of price fluctuation, security risk, platform technology risk, etc., which need to be borne by investors themselves
너
bitcoin is not illegal in China. It can be bought and sold in the case of risk, but you know the national conditions
- it's no different from blocking.
if you want to get bitcoin, you can do it in the following ways:
first, you can buy it on the trading platform: domestic, bitcoin China, fire coin network; Abroad, bitstamp
secondly, you can buy a bitcoin miner for mining. Of course, there are three main ways: first, you can buy a miner for mining bitcoin directly (it is recommended to buy Avalon 3 single-mode miner); second, you can buy a bitcoin miner for mining; The second is the hosting of mining machinery (find those large mining machinery hosting companies); Third, the direct purchase of computing power rental company's computing power
finally, you can exchange the goods or services you provide for bitcoin (at present, bitcoin home is doing information integration for businesses or indivials who accept bitcoin. If you are interested, you can contact. Of course, you can also publish some information about accepting bitcoin in bitcoin home bar)