Blockchain law
Chinese Mahjong: the world's earliest blockchain project
first of all, a initiates an application. I want to play mahjong and set up a mahjong Bureau, which is equivalent to creating a block, and this block will be broadcast to B, C, D, a, B, C, C, C, C, C, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D, D D...
in the process of playing mahjong, the above four people constantly play cards, which can be understood as mining, through what to mine? Mahjong machine can understand the mineralization machine. These four miners are the so-called miners. These four miners collide from 144 mahjong, and any right card can be Hu card. We can understand the 144 mahjong as a series of hash values (numbers). The process of Hu card is called computational power. Until Hu card, it means that the right hash value is collided and you can get a reward, Each person will pay the corresponding chips to C and put them in the blockchain. The reward is bitcoin or other virtual coins
Why do the other three people take the initiative to reward C? That's because these people have automatically reached a consensus that C has indeed won, and everyone has recorded the account, including the family members who are sitting next to buy horses. It's not good to deny it, otherwise when it comes out that the character is not good, no one will play with him again. After all, the circle is very important
when we reached a consensus, we didn't see any intermediary or third party judging that C had won, and the rewards given to C didn't need to be transferred to C through the third party. All of them were direct point-to-point transactions. This process was decentralization. The card players (miners) recorded their own achievements in the first game, and the third team won the first game, After the record is completed, a complete block is generated. But remember, this is only the first round. In the whole blockchain, this is just a node. The first eight rounds are finished, that is, eight nodes (blocks). Eight blocks are connected together to form a complete account book, which is the blockchain. Because everyone has one account book, it is a distributed account book. The purpose is to prevent someone from tampering with records. In the end, it is clear who wins or loses.
Blockchain itself is not illegal, but if it is used illegally, it is illegal
Li Bin, deputy director of Chongqing big data application and development administration, said that as a disruptive innovative frontier technology in the field of big data intelligence, the Chongqing municipal government attaches great importance to active layout, and the municipal government and Yuzhong District Government jointly build a blockchain base. In the second half of last year, the government issued the opinions on accelerating the cultivation and innovative application of blockchain instry, It has officially launched the construction of a place for strategic innovation of blockchain
while actively encouraging the technological progress and instrial development of blockchain, we will resolutely prohibit the illegal use of blockchain technology in accordance with the requirements of relevant national policies
at present, China's blockchain technology and application continue to innovate, and are graally applied in supply chain finance, credit reference, proct traceability and other fields, with huge development space. As a new technology, if blockchain wants to realize large-scale practical application, it must strengthen the cooperation of instry, University, research and application, and promote the continuous development and maturity of technology and application
since 2017, the development of blockchain technology has aroused the deep concern of the government, enterprises and other sectors. Because of its decentralized, tamperable and traceable characteristics, blockchain attracts investors to add weight to this new technology field. For the previous hot speculation of blockchain technology, the cognition of it and investment circles has become increasingly rational
extended data
"Regulations on the management of blockchain information services (Draft)"
Article 9 blockchain information service providers and users shall not use blockchain information services to engage in activities that are prohibited by laws and regulations, such as endangering national security, disrupting social order, and infringing the legitimate rights and interests of others, and shall not use blockchain information services to proce and use blockchain information services Copy, publish and disseminate information prohibited by laws and regulations
Article 13 a blockchain information service provider shall, as the case may be, take such measures as warning, limiting functions, closing account numbers, etc. for users of blockchain information services who violate laws, regulations and service agreements, so as to timely eliminate illegal information, prevent information diffusion, keep relevant records, and report to relevant competent authorities
Article 18 If a blockchain information service provider, in violation of the provisions of Article 9 of these Provisions, makes, copies, publishes and disseminates information content prohibited by laws, regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall give a warning and order it to correct within a time limit according to law
if the circumstances are serious or refuse to correct, the service shall be ordered to suspend, and a fine of not less than 5000 yuan but not more than 30000 yuan shall be imposed, until the relevant departments close the service according to law. If a crime is constituted, criminal responsibility shall be investigated according to law
If a blockchain information service user violates the provisions of Article 9 of these provisions and makes, copies, publishes and disseminates information content prohibited by laws and regulations and relevant national regulations, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall deal with it in accordance with relevant laws and administrative regulations
Article 19 If a blockchain information service provider violates the provisions of Article 6 of these provisions and fails to mark its record number on its network platform, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections, it shall be given a warning and fined not less than 5000 yuan but not more than 10000 yuan
Article 20 If a blockchain information service provider violates the provisions of paragraph 1 of Article 4 of these provisions and fails to go through the filing proceres in accordance with these Provisions, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall order it to make corrections within a time limit according to its ties, and if it refuses to make corrections or if the circumstances are serious, it shall be given a warning and fined not less than 10000 yuan but not more than 30000 yuan
Article 21 if the blockchain information service provided by the blockchain information service provider has potential information security risks, the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government shall, according to its ties, order it to rectify and suspend the service within a time limit, and continue to provide information services until it meets the relevant requirements of laws and regulations and national mandatory standards after rectification
if the blockchain information service provider violates the provisions of Article 4, paragraph 2, Article 8, Article 11, Article 12, Article 15 and Article 16 of these Provisions, the state and local Internet Information Office shall give a warning and order it to correct within a time limit according to its ties; If the circumstances are serious or if he refuses to make corrections, he shall be ordered to suspend service and be fined not less than 5000 yuan but not more than 30000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law
if the blockchain information service provider violates the provisions of Articles 10, 13 and 14 of these Provisions, it shall be handled by the Internet Information Office of the state, provinces, autonomous regions and municipalities directly under the central government in accordance with the provisions of the network security law of the people's Republic of China
the current blockchain project compliance is divided into two sections:
first, blockchain coin issuing project compliance: Foundation + legal compliance opinion
often referred to as ICO, IEO, etc. first of all, we build overseas entities. Generally speaking, most coin issuing entities choose Singapore foundation. It is a non-profit company in the form of XX Foundation Ltd. Finally, a legal compliance opinion is issued by a Singapore lawyer. The content of the legal opinion includes the amendment of a white paper and the token non securitization certificate, which is mainly to make the project comply with the laws of Singapore. This legal opinion is also needed for the later docking of the project with the currency on the exchange< Second, blockchain exchange project compliance: subject company + digital currency trading license:
license is one of the important compliance documents of the platform. It is equivalent to a business license. In particular, after Huoyuan won the Japanese license, the US license and applied for the Canadian license, the license was pushed to a new height. Obtaining the US MSB license also means that the company can reasonably conct business in most states of the United States. This is the reason why the major platforms have started to apply for licenses. If they want to carry out business formally and legally, they have to apply for licenses
for example: MSB digital currency exchange license in the United States, MTR digital currency + Wallet al license in Estonia, austrac digital currency license in Australia, etc
the role of MSB license in the United States:
1. American MSB license is famous, packaging platform and good publicity
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3. It can increase the trust of customers, enhance their visibility, and make the platform develop better and faster in compliance
advantages of MSB license
1. Investor recognition - Corporate Law and financial instry regulation in the United States are very perfect. With a U.S. license, your digital currency trading platform will be more recognized by global investors
2. Get authoritative approval - with the authoritative approval of the U.S. Treasury Department, you can carry out relevant business in the United States and around the world, which represents the compliance supervision of digital currency platform
3. Become a first-line platform -- MSB license is also a standard license for global digital currency trading institutions. Coinbase, bitfinex, poloiex, hotcoin.com, OK, coin security exchange and other platforms all hold this license to operate
4. Diversified services - MSB license allows currency exchange and delivery services, so that you can better meet customer needs and provide more diversified services
why is the license so important for the trading platform? First of all, people in the traditional foreign exchange circle know that the foreign exchange platform has the importance of supervising the license. Even such a traditional mode will create a future trading platform. Therefore, the license plate is bound to become a trend of development
after registering the main body of the foundation, we still need to do later legal compliance, the main purpose is to draw a clear line between law and crime, but I said it doesn't count. Because digital token is indispensable for blockchain. To put it bluntly, digital currency drives the popularization of blockchain in China, but what's the fact? Digital currency is just a small application of blockchain technology
e to the particularity of the instry, At present, there are no formal laws and regulations to restrict its development, involving a wide range of violations:
pyramid selling
illegal fund-raising
money laundering
absorbing public deposits
illegal operation
transnational foreign exchange crimes
providing more convenience for terrorist financing
therefore, different countries in the world have different attitudes towards blockchain, and China is explicitly prohibited, So we all go overseas to develop projects, such as Singapore and Thailand. First, the local laws and regulations are required. Who has the final say in the matter of whether the project is legal? There are two ways: to apply for a formal digital transaction license or to rely on a legal opinion issued by a lawyer. At present, the latter is in the majority, easy to operate and low cost.
Using blockchain technology to store and issue electronic evidence is the basis of the application of blockchain technology in the legal field
in the whole life cycle of electronic data generation, collection, transmission and storage, blockchain technology can protect electronic data, prevent tampering, and leave traces of data operation
using blockchain technology to preserve electronic evidence, the electronic data that needs to be deposited is recorded in the form of transaction, stamped with time stamp, and recorded in the block, so as to complete the process of data preservation and deposit. In the process of data storage, multiple participant nodes witness together and maintain a distributed ledger, which greatly reces the possibility of data loss, tampering and attack
the combination of blockchain and electronic data storage can rece the cost of electronic data storage, facilitate electronic data collection and evidence identification, and improve litigation efficiency
what is a legal opinion? In fact, legal opinions are a general term. They actually include four aspects
1. White paper compliance
2. Token non securitization certification compliance
3. Private placement terms compliance
4. Public offering compliance
mainly focuses on these four aspects
As an E-contract platform that focused on blockchain technology as early as 2015, we have taken the lead in the instry to set up a blockchain team in the early stage, invested in the research of cryptography, distributed ledger storage structure, consensus mechanism and other core underlying technologies of blockchain, explored the application scenarios of blockchain technology in the legal science and technology instry, and cooperated with a number of domestic authoritative judicial appraisal institutions and The notary office has set up a certificate storage alliance chain. At present, the legal department mainly applies blockchain technology to the field of electronic data distributed certificate storage, including contract certificate storage, e-mail certificate storage, document certificate storage, structured data certificate storage, etc
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