Virtual property case of network digital currency
Publish: 2021-05-15 21:24:59
1.
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
2. On September 4, 2017, seven ministries and commissions of the state issued the notice on preventing the financing risk of token issuance, which regulates the activities of token issuance. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and does not have the same legal status as currency, It cannot and should not be used as currency in the market< However, 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
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 the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding 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
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it 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 preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such 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 network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of 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 attributes of virtual currencies such as bitcoin in China's judicial practice.
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 the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding 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
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it 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 preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such 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 network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of 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 attributes of virtual currencies such as bitcoin in China's judicial practice.
3. The following is the full text of the Interim Measures for the administration of online games issued by the Ministry of culture of the people's Republic of China:
Decree No. 49 of the Ministry of culture of the people's Republic of China
the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<
Minister Cai Wu
June 3, 2010
Interim Measures for the management of online games
Chapter I General Provisions
Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations
Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc
the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data
online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system
online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities
Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony
Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":
(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations
Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity
Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change
the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:
(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content
the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online
Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:
(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review
Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law
If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations
for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game
Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review
in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change
the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc
Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<
online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty
online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet
Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:
(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures
(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means
Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:
(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:
(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed
(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to
Decree No. 49 of the Ministry of culture of the people's Republic of China
the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<
Minister Cai Wu
June 3, 2010
Interim Measures for the management of online games
Chapter I General Provisions
Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations
Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc
the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data
online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system
online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities
Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony
Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":
(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations
Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity
Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change
the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:
(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content
the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online
Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:
(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review
Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law
If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations
for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game
Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review
in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change
the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc
Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<
online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty
online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet
Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:
(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures
(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means
Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:
(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:
(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed
(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to
4. Of course, virtual property includes digital currency, which is also a kind of virtual property. All laws on virtual property apply to digital currency
some time ago, the state has begun to legislate on digital currency, including QQ currency, bitcoin, Ruitai currency and other virtual properties.
some time ago, the state has begun to legislate on digital currency, including QQ currency, bitcoin, Ruitai currency and other virtual properties.
5. You can ask on Weibo or directly add teacher Li's Weibo
6.
1. UNESCO proposed and promulgated the Charter for the protection of digital heritage in 2003 The Charter for the protection of digital heritage points out that within the scope permitted by laws and regulations, no organization or indivial shall damage or delete the network information with aesthetic value and ideological and cultural value in violation of orders, and will increase the support and maintenance of network digital heritage, so as to ensure the integrity of its digital procts with ideological value under any circumstances, So that it can develop and operate normally in the network world The Charter for the protection of digital heritage provides valuable guidance and reference for the relevant legal guidance and the formation of legislation of virtual property inheritance
Oklahoma has also promulgated the issue of virtual property inheritance by will, which fully affirms the legitimacy of network property inheritance and distribution. In addition, there are many special websites in the United States to deal with the problem of virtual property inheritance. For example, relic guardian, property lock, super digital, etc
7. If you want to go through the judicial process, it's very simple. Just write a civil complaint and put forward your request. But it's hard to say whether the case can be filed and what the final outcome will be. After all, there is no relevant legislation on the protection of virtual property in China, It may be helpful if you read it.
http://it.sohu.com/2004/03/03/14/article219281489.shtml
as a matter of fact, as early as last year, China's first case of virtual property litigation occurred in Beijing. Li Hongchen, a player of the online game "Red Moon", found that all his equipment in the game had been stolen, so he sued the operator Beijing Arctic ice company. Beijing Chaoyang District Court accepted the case and made a first instance judgment on December 18, finding that the fact of the defendant's infringement of virtual property was tenable. However, because there was no unified standard for the value of virtual property in real life, it decided that the defendant should recover the weapons and equipment lost by the plaintiff within 7 days after the judgment came into effect. This matter has aroused great concern in the instry. Although the lawsuit won, the specific compensation problem still can not satisfy the players
people in the instry generally believe that the virtual wealth Protection Forum shows that all sectors of the society have paid more attention to the virtual property on the Internet. Liu Xinwen, a professor at China University of political science and law, said in an interview that the "virtual property" of online players is actually evolved from the actual property. Players have actual expenses and can get satisfaction and happiness from these properties. Although there is no explicit provision for the protection of "virtual property" in the law, according to the spirit of protecting citizens' legitimate interests in the general principles of civil law, "virtual property" should be protected by law. At present, there is no relevant applicable provisions in China. In the face of such "virtual property" disputes caused by the network, judicial organs often fall into the dilemma of no applicable legal provisions. But the virtual property should be equal to the actual money. Before the relevant laws are issued, we can only resort to the technical protection
virtual property protection: a new proposition of network security http://www.hn.xinhuanet.com/misc/2005-03/17/content_ 3895320. HTM
when people still have little knowledge of many network concepts, the protection of virtual property has been mentioned to discuss whether to legislate. With the popularity of online games, from it instry to private security organizations are making more and more voices in the field of network security. The problem of network security, which has been a commonplace topic, has risen from simple hacker intrusion to a new era proposition integrating virtual legal system and virtual economic system. However, e to the particularity of the network world, it is still in the stage of crossing the river by feeling the stone to put a clear legal label on the virtual property. Virtual property protection, you also need & quot; Virtual & quot; How long<
virtual property transaction: real business in the online world
China's online game instry started 10 years ago and has become one of the fastest growing regions in the global online game instry. Online games have grown from nothing to 13.8 million online players in China, showing the great potential of China's game publishing market
People's understanding of online virtual property is the most intuitive than online game currency and game equipment. Now we can't simply define online games as simple means of entertainment. In a sense, it has become a way for people to survive and communicate in the virtual world
Zhang Liwen, a network engineer in an IT enterprise in Zhuhai, is still a fanatical online game player after working. Through long-term fighting, Zhang Liwen has accumulated a number of virtual equipment and game currency. In addition to meeting his needs of continuous upgrading, Zhang Liwen also sold some of his equipment online. Some beginners who didn't want to start from scratch became his customers. The two sides negotiate a good price and then make a cash transaction. Zhang Liwen told reporters that thousands of yuan a set of transactions are not a few
at present, there are a group of special professionals in the Internet cafes of many cities in China. They invest money and energy in online games, and the excellent equipment they get is sold at a high price on the Internet. Long Hui, who is still a junior in Hunan Normal University, is still on campus, but he has already paid his tuition and living expenses by relying on virtual equipment transaction. What he plays more is a proct called & quot; Legend of blood & quot; It's a great online game. What's easy for a professional player like him; Making money & quot; And & quot; Health equipment & quot; He knows it like the back of his hand, so he can always get a better price< br />
" I don't think virtual world trading is the same; Virtual reality; Yes, because in this process, the virtual goods sold by players are the fruits and crystallization of personal labor, and their prices are determined according to the relationship between supply and demand. This is the same truth as commodity proction and trade in real life& quot; Long Hui said
although all this seems so enviable, bad luck will happen from time to time; Patronize & quot; These network businessmen, some equipment for sale will be looted for no reason. The thief was heartbroken and had no way to complain. According to incomplete statistics, 76.3% of the netizens in China have experienced the theft of virtual property<
rectifying the name of virtual property
if we say that the real transaction of virtual goods is still a controversial new phenomenon, the repeated theft of network virtual goods has pushed the protection of virtual property to the forefront of legislation. When many law enforcers are confused in the face of the network theft, we can see that only by strengthening the promotion of the concept of virtual property and realizing the unity of definition and essence, can the protection of virtual property really be achieved; Mingzheng & quot; And & quot; Yan Shun
in the legal field, there are different opinions on whether virtual goods have property attributes, but they can be divided into two kinds. One view is that & quot; Equipment & quot;, Its essence is a piece of computer code, we can't determine the specific price for it, so it doesn't have the property attribute. Especially when an online game stops operation, the equipment held by the players will be meaningless. If the property attribute of virtual goods is recognized, what standard should the operators compensate the players' losses will be a difficult problem<
Zhou Yujun, a lawyer of Changsha TIANDIREN law firm, held different opinions; In the virtual Internet world, some game equipment has the property nature, because it is a result obtained through the players' intelligence, knowledge and labor, and should be protected by law& quot; Experts who hold this view also believe that many virtual goods are sold directly through money. Although virtual goods are equivalent to real money, they have the attributes of general goods and the characteristics of commodity circulation< br />
" The definition of the ownership of virtual objects is the primary problem in the legislative protection of virtual property. Different from the definition of property in general reality, this work is very difficult in the virtual world& quot; Zhou Yujun said
the long road of legislation on virtual property; Virtual property & quot; In the face of many property disputes in the virtual world, the judicial organs often fall into the dilemma of & quot; Can't rely on & quot; I'm in a dilemma< br />
" In addition to the property attribute of virtual goods need to be clear, how to establish the price and compensation standard of virtual property will become a difficult problem in the legislative process& quot; Zhou Yujun, a lawyer at the Changsha TIANDIREN law firm, said, & quot; This is a problem that can not be solved under the current legal system, but it has become an inevitable trend for China to vigorously develop the online game instry and protect the virtual property of Internet users. However, in the current real property law and right law and other practical problems have not been fully solved, the legislative protection of virtual property will take at least 5-10 years to achieve& quot;
the similar situation has aroused great concern from all walks of life in our country, and the law enforcement agencies have also begun to actively try. Previously, 19 domestic lawyers jointly submitted a letter to the Law Committee of the National People's Congress, suggesting that it be & quot; Virtual property & quot; To formulate a regulation on the protection of network virtual property that integrates proceres and entities; In December 2004, the second people's Hospital of Beijing Municipal People's Republic of China issued a report on the first case of & quot; Virtual property & quot; The defendant's game operator restored the stolen virtual equipment; Haidian District Court of Beijing is specially established; Network judge & quot; To handle personal property infringement cases in computer network<
the & quot; Forum on legal issues of virtual goods Protection & quot; At the meeting, Kou Xiaowei, deputy director of the Department of audio-visual electronics and network publishing management of the General Administration of press and publication, made it clear that the protection of virtual property needs legal protection, which undoubtedly gives a shot in the arm to the faltering development of network security<
the protection of virtual property encounters technical barriers
for the protection of virtual property, the law provides an external constraint, and the technical means as the fundamental guarantee can not shirk its responsibility. The frequent theft of network virtual goods makes the virtual property protection itself a major weakness of network security technology. From the perspective of network technology, how to prevent the infringement of virtual property and provide more secure and reliable protection means for the owners of virtual property is a major issue that network technology has to face
Professor Sun Xingming, vice president of School of computer and communication, Hunan University, believes that there are three ways to protect virtual property, namely digital signature, cryptography and digital watermarking. Digital signature technology is a security technology to ensure the integrity of information, which can solve the problems of denial, forgery, tampering and impersonation; Password technology is to add user name and password; Digital watermark is a digital signal embedded in digital procts. The existence of watermark should not destroy the appreciation value and use value of the original data
for the protection of virtual property, people's requirements for network security technology and the development of network security technology itself are rising. People have high requirements for network security technology. At the same time, because the more users of a technology, the more likely it is to be broken, so the virtual property protection technology is forced to continue to move forward, and because it is constantly broken, it forms a very embarrassing situation& quot; Theoretically, passwords are easy to crack. On the one hand, people can get the password by peeping and stealing; On the other hand, some people can use high-end technology, such as Trojan horse, to get all the information of a computer, including the password& quot; Sun Xingming said
he believes that when game developers provide game software, they should provide corresponding technical protection means. If the virtual property is stolen, if the developer does not provide good protection means, then the corresponding responsibility should be borne by the manufacturer, and if the player uses it improperly, it is the indivial responsibility< br />
" From the traditional point of view, as long as a technology has loopholes, the formulation of the law will be delayed; Sun Xingming said, & quot; But to make the technology reach the goal
http://it.sohu.com/2004/03/03/14/article219281489.shtml
as a matter of fact, as early as last year, China's first case of virtual property litigation occurred in Beijing. Li Hongchen, a player of the online game "Red Moon", found that all his equipment in the game had been stolen, so he sued the operator Beijing Arctic ice company. Beijing Chaoyang District Court accepted the case and made a first instance judgment on December 18, finding that the fact of the defendant's infringement of virtual property was tenable. However, because there was no unified standard for the value of virtual property in real life, it decided that the defendant should recover the weapons and equipment lost by the plaintiff within 7 days after the judgment came into effect. This matter has aroused great concern in the instry. Although the lawsuit won, the specific compensation problem still can not satisfy the players
people in the instry generally believe that the virtual wealth Protection Forum shows that all sectors of the society have paid more attention to the virtual property on the Internet. Liu Xinwen, a professor at China University of political science and law, said in an interview that the "virtual property" of online players is actually evolved from the actual property. Players have actual expenses and can get satisfaction and happiness from these properties. Although there is no explicit provision for the protection of "virtual property" in the law, according to the spirit of protecting citizens' legitimate interests in the general principles of civil law, "virtual property" should be protected by law. At present, there is no relevant applicable provisions in China. In the face of such "virtual property" disputes caused by the network, judicial organs often fall into the dilemma of no applicable legal provisions. But the virtual property should be equal to the actual money. Before the relevant laws are issued, we can only resort to the technical protection
virtual property protection: a new proposition of network security http://www.hn.xinhuanet.com/misc/2005-03/17/content_ 3895320. HTM
when people still have little knowledge of many network concepts, the protection of virtual property has been mentioned to discuss whether to legislate. With the popularity of online games, from it instry to private security organizations are making more and more voices in the field of network security. The problem of network security, which has been a commonplace topic, has risen from simple hacker intrusion to a new era proposition integrating virtual legal system and virtual economic system. However, e to the particularity of the network world, it is still in the stage of crossing the river by feeling the stone to put a clear legal label on the virtual property. Virtual property protection, you also need & quot; Virtual & quot; How long<
virtual property transaction: real business in the online world
China's online game instry started 10 years ago and has become one of the fastest growing regions in the global online game instry. Online games have grown from nothing to 13.8 million online players in China, showing the great potential of China's game publishing market
People's understanding of online virtual property is the most intuitive than online game currency and game equipment. Now we can't simply define online games as simple means of entertainment. In a sense, it has become a way for people to survive and communicate in the virtual world
Zhang Liwen, a network engineer in an IT enterprise in Zhuhai, is still a fanatical online game player after working. Through long-term fighting, Zhang Liwen has accumulated a number of virtual equipment and game currency. In addition to meeting his needs of continuous upgrading, Zhang Liwen also sold some of his equipment online. Some beginners who didn't want to start from scratch became his customers. The two sides negotiate a good price and then make a cash transaction. Zhang Liwen told reporters that thousands of yuan a set of transactions are not a few
at present, there are a group of special professionals in the Internet cafes of many cities in China. They invest money and energy in online games, and the excellent equipment they get is sold at a high price on the Internet. Long Hui, who is still a junior in Hunan Normal University, is still on campus, but he has already paid his tuition and living expenses by relying on virtual equipment transaction. What he plays more is a proct called & quot; Legend of blood & quot; It's a great online game. What's easy for a professional player like him; Making money & quot; And & quot; Health equipment & quot; He knows it like the back of his hand, so he can always get a better price< br />
" I don't think virtual world trading is the same; Virtual reality; Yes, because in this process, the virtual goods sold by players are the fruits and crystallization of personal labor, and their prices are determined according to the relationship between supply and demand. This is the same truth as commodity proction and trade in real life& quot; Long Hui said
although all this seems so enviable, bad luck will happen from time to time; Patronize & quot; These network businessmen, some equipment for sale will be looted for no reason. The thief was heartbroken and had no way to complain. According to incomplete statistics, 76.3% of the netizens in China have experienced the theft of virtual property<
rectifying the name of virtual property
if we say that the real transaction of virtual goods is still a controversial new phenomenon, the repeated theft of network virtual goods has pushed the protection of virtual property to the forefront of legislation. When many law enforcers are confused in the face of the network theft, we can see that only by strengthening the promotion of the concept of virtual property and realizing the unity of definition and essence, can the protection of virtual property really be achieved; Mingzheng & quot; And & quot; Yan Shun
in the legal field, there are different opinions on whether virtual goods have property attributes, but they can be divided into two kinds. One view is that & quot; Equipment & quot;, Its essence is a piece of computer code, we can't determine the specific price for it, so it doesn't have the property attribute. Especially when an online game stops operation, the equipment held by the players will be meaningless. If the property attribute of virtual goods is recognized, what standard should the operators compensate the players' losses will be a difficult problem<
Zhou Yujun, a lawyer of Changsha TIANDIREN law firm, held different opinions; In the virtual Internet world, some game equipment has the property nature, because it is a result obtained through the players' intelligence, knowledge and labor, and should be protected by law& quot; Experts who hold this view also believe that many virtual goods are sold directly through money. Although virtual goods are equivalent to real money, they have the attributes of general goods and the characteristics of commodity circulation< br />
" The definition of the ownership of virtual objects is the primary problem in the legislative protection of virtual property. Different from the definition of property in general reality, this work is very difficult in the virtual world& quot; Zhou Yujun said
the long road of legislation on virtual property; Virtual property & quot; In the face of many property disputes in the virtual world, the judicial organs often fall into the dilemma of & quot; Can't rely on & quot; I'm in a dilemma< br />
" In addition to the property attribute of virtual goods need to be clear, how to establish the price and compensation standard of virtual property will become a difficult problem in the legislative process& quot; Zhou Yujun, a lawyer at the Changsha TIANDIREN law firm, said, & quot; This is a problem that can not be solved under the current legal system, but it has become an inevitable trend for China to vigorously develop the online game instry and protect the virtual property of Internet users. However, in the current real property law and right law and other practical problems have not been fully solved, the legislative protection of virtual property will take at least 5-10 years to achieve& quot;
the similar situation has aroused great concern from all walks of life in our country, and the law enforcement agencies have also begun to actively try. Previously, 19 domestic lawyers jointly submitted a letter to the Law Committee of the National People's Congress, suggesting that it be & quot; Virtual property & quot; To formulate a regulation on the protection of network virtual property that integrates proceres and entities; In December 2004, the second people's Hospital of Beijing Municipal People's Republic of China issued a report on the first case of & quot; Virtual property & quot; The defendant's game operator restored the stolen virtual equipment; Haidian District Court of Beijing is specially established; Network judge & quot; To handle personal property infringement cases in computer network<
the & quot; Forum on legal issues of virtual goods Protection & quot; At the meeting, Kou Xiaowei, deputy director of the Department of audio-visual electronics and network publishing management of the General Administration of press and publication, made it clear that the protection of virtual property needs legal protection, which undoubtedly gives a shot in the arm to the faltering development of network security<
the protection of virtual property encounters technical barriers
for the protection of virtual property, the law provides an external constraint, and the technical means as the fundamental guarantee can not shirk its responsibility. The frequent theft of network virtual goods makes the virtual property protection itself a major weakness of network security technology. From the perspective of network technology, how to prevent the infringement of virtual property and provide more secure and reliable protection means for the owners of virtual property is a major issue that network technology has to face
Professor Sun Xingming, vice president of School of computer and communication, Hunan University, believes that there are three ways to protect virtual property, namely digital signature, cryptography and digital watermarking. Digital signature technology is a security technology to ensure the integrity of information, which can solve the problems of denial, forgery, tampering and impersonation; Password technology is to add user name and password; Digital watermark is a digital signal embedded in digital procts. The existence of watermark should not destroy the appreciation value and use value of the original data
for the protection of virtual property, people's requirements for network security technology and the development of network security technology itself are rising. People have high requirements for network security technology. At the same time, because the more users of a technology, the more likely it is to be broken, so the virtual property protection technology is forced to continue to move forward, and because it is constantly broken, it forms a very embarrassing situation& quot; Theoretically, passwords are easy to crack. On the one hand, people can get the password by peeping and stealing; On the other hand, some people can use high-end technology, such as Trojan horse, to get all the information of a computer, including the password& quot; Sun Xingming said
he believes that when game developers provide game software, they should provide corresponding technical protection means. If the virtual property is stolen, if the developer does not provide good protection means, then the corresponding responsibility should be borne by the manufacturer, and if the player uses it improperly, it is the indivial responsibility< br />
" From the traditional point of view, as long as a technology has loopholes, the formulation of the law will be delayed; Sun Xingming said, & quot; But to make the technology reach the goal
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