The virtual currency of digital assets is protected by civil law

1.

Encrypted digital assets: encrypted digital currency is not issued by legal tender institutions and is not controlled by the central bank. It is based on the open source code of a group of equations calculated by computers all over the world. It is generated by a large number of operations of computer graphics card and CPU, and uses the design of cryptography to ensure the security of all aspects of currency circulation. The design based on cryptography can make the cryptocurrency only be owned by real users

encrypted digital asset is also a kind of gold existing in the network world, which is a kind of encrypted digital currency based on the block chain technology and using the digital encryption principle. In a sense, it has the same circulation function as ordinary currency. Encrypted digital assets apply blockchain technology to the global financial field, which makes consumers all over the world make business investment through encrypted digital assets, and create a new business model of win-win between investors and users, which is a trend for development

virtual currency:

virtual currency (enterprise currency) is self issued by companies or private indivials. It can be issued indefinitely, and it does not need to be obtained by solving the equation through the CPU program of computer graphics card. Because it can be issued unlimited according to the market demand, it does not have the value of collection and appreciation. There is no ore pool website, no original code. Price can be manipulated, mostly one-way relationship

2.

1、 Different definitions:

1. Virtual currency:

virtual currency refers to non real currency

Digital currency:

digital currency is an alternative currency in the form of electronic currency. Both digital gold coin and cryptocurrency belong to digiccy

3. Cryptocurrency:

cryptocurrency is a kind of transaction medium that uses cryptography principles to ensure transaction security and control the creation of transaction units

4. Token (token):

a kind of article whose shape and size are similar to currency, but the scope of use is limited and has no currency effect, and its token is the homonym of token in English

Second, the characteristics are different:

1; It can also be said that virtual currency is personalized currency. In another way, it can also be called information currency

2. Digital currency:

is an unregulated and digital currency, which is usually issued and managed by developers and accepted and used by members of specific virtual communities

Cryptocurrency:

cryptocurrency is based on the decentralized consensus mechanism, which is opposite to the banking and financial system relying on the centralized regulatory system

4. Token (token):

usually needs to be exchanged for money, used in shops, playgrounds, mass transportation and other places, as a voucher to use services and exchange goods

extended data

at present, digital currency is more like an investment proct, because it lacks a strong guarantee agency to maintain its price stability, and its role as a value measure has not yet appeared, so it can not be used as a means of payment. As an investment proct, digital currency cannot develop without trading platform, operating company and investment company

digital currency is a double-edged sword. On the one hand, the blockchain technology it relies on has been decentralized and can be used in other fields except digital currency, which is one of the reasons why bitcoin is popular; On the other hand, if digital currency is widely used by the public as a kind of currency, it will have a huge impact on the effectiveness of monetary policy, financial infrastructure, financial market and financial stability

3.

It's illegal

the central bank indicated that it has not issued legal digital currency, nor authorized any institutions and enterprises to issue legal digital currency, and there is no promotion team. At present, the so-called "digital currency" in the market is not legal digital currency

In addition, the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud

extended information:

virtual currency is the electronization of illegal currency, and its original issuer is not the central bank. This kind of virtual currency is mainly limited to circulation in a specific virtual environment. Digital currency can be used for real goods and services transactions, but only the digital currency issued by the state is legal digital currency

in 2013, the central bank, together with five ministries and commissions, issued the notice on prevention of bitcoin risks, which clearly defined non legal digital currencies such as bitcoin as virtual commodities, which do not exist in the form of currency and legal currency

4.

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 cases

stealing 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 way

first 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 future

finally, 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

5. There is no digital currency issue

6.

Guangxi longyingtianxia has been confirmed to be suspected of pyramid selling and is under investigation

the main company of longying world is Guangxi longying marketing planning Co., Ltd., which has been listed in the list of abnormal operation for failing to submit annual report information and publicizing enterprise information, concealing the true situation and practicing fraud, and has been subject to administrative punishment for violating tax management regulations

the following are part of the "blacklist":

214, xinlianhe (far away)

215, qianoo advertising machine (far away)

216, Mingchen International (running away)

217, yinshangbao (far away)

218, Yinhe blockchain (far away)

219, Shaanxi hongshaan Valley (running away)

220, Shaanxi Hongguo (running away)

221, Shaanxi Xi'an gangrong Technology (running away)

222 Longxi group (far away)

223, longyingtianxia (abnormal platform)

224, Jimei Baijia (restart and renamed)

225, Xuexiang Tesco (cash withdrawal difficulty)

< H2 > extended information:

according to the investigation of China Youth Daily · Zhongqing online reporter, the "two barrels of oil" and "Li Gui" in Zhejiang market are not as simple as a rumor refuting announcement. A company in Guangdong also organized an attack on "China oil card" on social media

"in the past, when Shanzhai gas cards were overturned in other areas, we felt that they were far away. This time, the" Zhongyou card "went straight to Yongtaiwen area in Zhejiang Province, making people feel more nervous than ever before." Jiang Zhiyong, director of the gas station management department of PetroChina Zhejiang sales company, said with the publicity materials distributed at the news conference of the Wenzhou Branch of "China Petroleum card"

in the business hall of Sinopec Cixi gas station, a man told a woman that after running Sinopec gas card, he could download an app on his mobile phone, register and bind the gas card, and get 4000 yuan discount by recharging 15000 yuan through the app. The staff of the business hall reminded the lady not to believe in such preferential activities

claims that it is a large-scale comprehensive wealth platform based on Internet plus energy and employment, and its members are both consumers and market promoters, thus achieving mass employment and entrepreneurship. Ordinary consumers who download the "Zhongyou card" app on their mobile phones must input their mobile phone number, verification code, and the name and mobile phone number of the previous introcer. They can only register and log in after strict audit

"'petrochina card 'does not issue cards at all, nor is it based on Sinopec's platform and system operation. Instead, it parasitizes its business model on Sinopec and other regular gas cards, and in addition, it pulls a group of people and develops a system to expand everywhere." Relevant personnel of Sinopec Zhejiang oil company's Publicity Office said that its essence is to let Sinopec and PetroChina "carry the black pot"

the relevant business departments of Sinopec and PetroChina Zhejiang company said that it was "impossible" for the "CNPC card" to promise the high return of recharging its members. According to the sales revenue and cost data of gasoline and diesel provided by the company, taking the air recharge of 15000 yuan for 4000 yuan package as an example, 15000 yuan can add more than 2400 liters of gasoline

"two barrels of oil" business department related staff pointed out that Shanzhai gas cards often take the money from home to make up for the price difference, drum style continues to develop new members. What's more, when members reach a certain scale and amount of capital, they can make up the capital gap with the return of investment in other fields, in which the potential legal risk and capital risk are very large

in recent years, with the rapid development of the Internet and social media, all kinds of fake gas cards come out in a variety of ways, and become "little strong" repeatedly. In 2012, the company launched a PC version of its official website, and some Internet experts imitated the webpage and linked to "phishing" websites to defraud customers of their top up money

WeChat official account, some people registered "petro technology" and "micro refueling" for their lives. They announced that they would get "Sinopec" thanks to the message that they could get the 200 yuan Sinopec fuel card free. Within a short time, the news was wildly forwarded in the circle of friends, and Sinopec Ningbo Branch's gas card customer service hotline constantly received calls from customers to inquire about and verify the problems such as the return of pre charging fees to cash

then, a "China Petroleum Reserve" card suddenly appeared in Zhejiang, claiming that as long as customers fill up gas at Sinopec and PetroChina gas stations, issue invoices, take photos and upload them to the app platform, they will rebate according to the preferential amount“ The "zhongchu oil" card didn't run for long before it went out of business. Now Zhejiang has another "Zhongyou card"

"the most important thing is that the cost of breaking the law is low and it is difficult to crack down on."“ "Two barrels of oil" related staff said that even if Sinopec and PetroChina outlets monitored the market for fake gas cards, they would at most issue a public statement, or even be unable to report the case to the police. Because "the one who is injured will report", Sinopec and PetroChina are not direct victims and cannot report to the police

recently, Sinopec and PetroChina informed Taizhou market supervision and Administration Bureau of the suspected false publicity and other relevant information about the opening of "PetroChina card" in Taizhou. After on-site investigation and evidence collection, the law enforcement officers of the Bureau ordered them to rectify the behaviors beyond the scope of business license. However, a person concerned told China Youth Daily · Zhongqing online that "the business of" Zhongyou card "in developing members' air recharge has not stopped because of this."

7. I want to ask BSCs, is setting currency legal? Do you accept legal protection? In this way, if money flowed into the market, it would be operated by the market and protected by law

8.

In virtual currency transactions, security problems occur every day. Blockchain technology can ensure that all transactions will not be tampered with, but central transactions using virtual currency are vulnerable to hackers

conclusion:

this is to remind investors that virtual currency investment and trading are not protected by law. Anyone who tries to cross the red line should not take any chances by using virtual currency; Money laundering; Our behavior will be severely punished by law

9.

Configuration is OK

background application is application, process is process, without application running, you can't guarantee that no process starts silently in the background

full load should not be the problem of heat dissipation

First of all, you need to update your hardware driver

then you can download a game to add. Before you start the game, first use one button to speed up, and it will clear all irrelevant processes in the background. If it is still full, it is recommended that you open the in-game monitoring to see how much memory and graphics card are occupied, and then check from this direction