Breaking digital currency
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
According to the report, the roller coaster price fluctuation of bitcoin is unpredictable. It reached an all-time high of $20000 in December last year, and then fell to $10000 within one month
According to a new research report released by
Research Institute canaccord genesis, the historical price of bitcoin shows that after several months of integration, the price of bitcoin will continue to rise rapidly for several weeks
In fact, bitcoin is not the only one. Ethereum, the second largest digital currency, has risen by 56% in two weeks after falling to a low of $565 on February 6BCH
eth
BNB
BTT is a noteworthy one. As the largest DAPP in the coin circle, BitTorrent has more than 1 billion users in total, and it is all over the world
in the second half of the year, BT will launch three functions embedded in BTT application scenarios. One is BT speed, which can use BTT to speed up the download. The second is BT live, which uses BTT as an incentive live app. The third is btfs system test network. Btfs is a decentralized file storage system benchmarked with IPFs, which also represents a big application scenario of future blockchain. Although IPFs is more famous, it is still unknown whether it can make fil after all, and fil lacks a user base of the same scale as BTT, so I think it is reasonable for BTT to enter the top 20 market value at the beginning of next year.
The most traditional way of pyramid selling is simply that the upper level (organizers) control the income of the first level; Members & quot; Accept it; Membership fee;, And use some means to let them develop the second level & lt; Members & quot;. But this kind of traditional MLM will control people in one place and force them to carry out in their way. Compared with the traditional white wolf with empty hands
both traditional and current digital money pyramid schemes are & lt; Ponzi & quot; fraud. Use the new people's money to pay the income and interest of the original group. Investors should sober up. If you want to invest, you must find legal and compliant investors to avoid being cheated. There is no free lunch in the world. Every kind of investment has certain risks, and there is no 100% profit
“ The biggest case in the coin Circle & quot; The second instance of plustoken case is in Jiangsu & middot; Yancheng sentence. The case involved more than 2 million participants, more than 3000 levels of hierarchical relationship, and the total value of digital currency involved exceeded 40 billion yuan
Yancheng intermediate people's Court of Jiangsu Province issued a criminal ruling of second instance, rejecting the appeal and maintaining the original judgment. According to the judgment of the first instance, 14 defendants, including Chen Bo, Ding zanqing and Peng Yixuan, committed the crime of organizing and leading pyramid selling activities, and Chen Tao, who committed the crime of covering up and concealing the crime, was sentenced to two to eleven years' imprisonment and a fine
At the beginning of the 19th century, Yancheng public security organs received a report that some people used plutoken network platform to commit pyramid selling crimes, and Yancheng public security organs put the suspects on file for investigation P>under the coordination of the Ministry of public security, the special case police officers went to Vanuatu, Kampuchea, Vietnam, Malaysia and other countries and regions, and successfully arrested 27 suspect suspects who were hiding abroad. Meanwhile, 1 suspect suspects were arrested in the territory. p>
in the past 20 years, the Ministry of public security deployed the national public security organs to arrest all 82 key members suspected of pyramid selling
Blockchain is a kind of network with data; Hash Verification & quot; The purpose of the functional database is to verify the effectiveness of information, which is generally applicable to finance, insurance, public welfare, public services, mobile communications and other fields. Therefore, in recent years, many criminals have focused on the blockchain for online gambling to seek huge benefits. In January 15, 2021, the Jianhu police in Yancheng successfully cracked the first case of gambling in the country using block chain contract technology, and arrested 11 suspects, and the number of gamblers reached as high as 7.3 million. The funds involved were as high as 8 billion yuan , involving 17 countries and regions. p> In October 2020, Jianhu police received a clue that there was a new one on the public chain of grapefruit coin called & lt; Biggame” Grapefruit is a digital currency issued by foreign organizations, which is allowed to be used in public blockchain. There are more than 10000 people participating in this gambling app every day, and the daily bet amount is more than 10 million yuan. The way to participate in gambling is our common fruit machine, Red Black War and so on
have you ever been led to participate in virtual currency gambling
it's just to see if others will deal with it for you
I was stolen a bag before. It's almost a few hundred yuan. It's been four or five years since I filed a case. There has never been a response
it's just a record for you.
In recent years, with the development of digital currency, the means of pyramid selling are more and more advanced. Many pyramid schemes disguise themselves with digital currency to deceive victims into joining pyramid schemes. Although the public security organs try their best to crack down on this aspect, and they also publicize the common tricks and means of MLM organizations in many aspects, there are still many people who are unable to guard against it and fall into the tricks of MLM organizations. And especially with the rise of digital currency in recent years, many people do not know much about digital currency and easily fall into the trap of pyramid schemes
Second, be alert to strangers on the Internet. As long as you know the so-called friends and fellow townspeople on the Internet, when they are involved in money disputes, you must be timely and careful to sort out whether this person is trustworthy? Once the money is taken out, there is no chance to get it back. For the so-called activities such as taking you to invest and speculate in stocks, we must clear our eyes and make a decision after careful consideration. Moreover, the purchase of funds and stocks is best to go to the formal securities market, the fund market to buy, rather than believe in the so-called special channels on the Internetthirdly, when it comes to the third-party payment platform, we must be alert when we ask to send the verification code. Because once the verification code is sent to the tool, it is very likely that the deposit on your bank card will be dected. But I didn't know it. In the face of such a similar situation, we must carefully identify, do not crelous online so-called low investment, high return, low risk, in this case, as long as remember. Risk and return are proportional, the higher the risk means high returns, and do not covet small cheap, can prevent themselves from being cheated
In society, we often find some "wrong type coins", such as inverted words, inverted patterns, inverted left and right patterns, etc. it is said that they are waste procts caused by printing errors in banknote printing factories. Due to the scarcity of them, they have high collection value. First of all, there is no such currency. Because the printing plate used by the banknote printing factory when printing banknotes and the steel mold used for making coins are a whole, it is impossible to have the problem of local inversion or reversal in the printing process. Up to 2015, the so-called "wrong version currency" discovered not only includes RMB notes, but also coins, including commemorative notes, as well as foreign currencies. However, no matter what kind of currency, it is made manually on the basis of the original currency. If we observe the so-called "wrong currency" carefully or with the help of magnifying instrument, we will find the traces of knife cutting, pasting and scraping. According to the cases cracked up in 2015, there are indeed some people who are greedy for profits. In order to make huge profits, they specially make and sell the so-called "wrong version currency". I hope the masses will be alert
when people encounter "wrong currency", they should "not believe it, not be deceived, and resist it"[ 1] There is no wrong currency. Therefore, there is no so-called collection value