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Civil dispute of digital currency

Publish: 2021-05-21 04:45:44
1. It is a civil economic dispute< There are two types of economic disputes:
one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc
Second, economic tort disputes; Such as intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights infringement disputes. In the market economy, the contract is a legal and universal form in which the equal market subjects establish the transaction relationship, jointly implement the transaction behavior, and pursue and realize the economic purpose. Therefore, the contract dispute is the main part of the economic dispute
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), grain silver (used for bixue Qingtian game), and popular digital currencies in 2013, such as bitcoin, Laite currency, Fuyuan currency, etc. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitkin, Wright silver".
2. First of all, based on China's relevant policies, ic0 projects and exchanges are all relocated abroad. If the issuance of foreign tokens has no impact on domestic civil or criminal law, then the laws or regulatory rules of other countries will apply, and will not be governed by domestic laws. Investors' rights protection or accountability are concted overseas
secondly, if rights are protected within the territory of our country, according to our legal system, legal liability can be divided into criminal liability, civil liability and administrative liability. In China, the issuance and financing of virtual currency is prohibited, and there is no relevant regulatory agency, so investors can only investigate the criminal and civil liabilities of the corresponding parties
1. Criminal responsibility
however, assuming that there are some cases that may involve criminal crimes, such as online breaking or even later returning to zero, futures trading being manipulated by the platform, and in line with the provisions on jurisdiction in China's criminal law, the corresponding legal provisions should be applied in combination with their criminal acts< According to the provisions of articles 6 to 9 of the criminal law on the principle of criminal jurisdiction, China's criminal jurisdiction can be divided into the following four categories:
(1) territorial principle: if one of the acts or results of a crime occurs within the territory of the people's Republic of China (including ships or aircraft), China's criminal jurisdiction shall apply unless otherwise specified by law< (2) principle of person: if a citizen of our country commits a crime stipulated in this law outside the territory of the people's Republic of China, the criminal law of our country shall apply. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, he may not be investigated. The criminal law of the people's Republic of China shall apply to any state functionary or serviceman who commits any crime specified in this law outside the territory of the people's Republic of China< (3) principle of protection: If foreigners commit crimes against our country or citizens outside the territory of the people's Republic of China and the minimum penalty prescribed in this law is fixed-term imprisonment of not less than three years, the criminal law of our country can be applied, except those who are not punished according to the law of the place where the crime is committed< (4) general principle: This Law shall apply to crimes stipulated in international treaties concluded or acceded to by the people's Republic of China over which the people's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations
for example, there are illegal means in breaking and manipulating the price of virtual currency in the exchange when it goes online. Although virtual currency does not belong to the category of securities recognized by our country, making profits through this illegal way may also violate the charges of illegal sale of token bills, illegal issuance of securities, illegal fund-raising and financial fraud in our criminal law, Then investors can take measures to protect their rights in China, such as reporting to the public security organs
2. Civil liability
in civil and commercial activities, we mainly follow the principles of equality, voluntariness, fairness and good faith. With the development of China's securities market, there are many civil cases in which investors defend their rights to A-share companies. However, because China has not yet included virtual currency into the scope of securities, there is no case of civil liability for manipulating the price of virtual currency, Therefore, it is difficult for investors to protect their rights through civil litigation
in addition, based on the relativity of civil legal relationship, even if the underlying assets and projects of overseas ic0 projects are in China, most of them have built overseas structures, so it is difficult for investors to break through the relative relationship and recover the actual project subject responsibility of ic0.
3. What is digital heritage? What can be written into a will

as early as 2003, UNESCO clearly put forward in the Charter for the preservation of digital heritage that digital heritage is the unique knowledge and expression of human beings, which includes culture, ecation, science, management information and technology, law, medicine and other information existing in digital form, or converted from the existing similar mode into digital form

it is generally believed that digital heritage can be divided into material and spiritual categories. Material digital heritage refers to directly linked to property, such as Alipay balance, bitcoin and other virtual currencies. The spiritual ones are social accounts, personal files, etc., which are virtual properties formed by users who spend a lot of time and energy. They are not only the spiritual home of users' daily life, but also the spiritual comfort of relatives through inheritance< According to Article 127 of the general provisions of the civil law, "if there are laws on the protection of data and network virtual property, such provisions shall prevail."

in this regard, Chen Kai believes that the general provisions of the civil law have made principled provisions for the protection of virtual property“ When the definition and scope of virtual property have not been fully determined, it may be more appropriate to make provisions in principle. "<

after consulting relevant laws and regulations, the reporter found that the property law, inheritance law and relevant instructions only regulate the tangible property, and the inheritance of intangible property that may be involved in digital heritage can not be found<

Liu Junhai, director of the Institute of commercial law of Renmin University of China, pointed out that at present, China only takes a relatively conservative attitude towards this, affirming that data should be protected by law, but not affirming the independent civil rights to data“ China's current inheritance law only provides for the inheritance of physical property, but does not provide for the inheritance of virtual property on the Internet. As a result, it is difficult to realize the inheritance of digital heritage in essence, which needs to be revised in the future. "

e to the lack of clear legal provisions, at present, the treatment of digital heritage is mainly determined by Internet platform operators. This also lays a hidden danger for disputes

some scholars have proposed that e to the multiple attributes of communication and social accounts, such as personal privacy, user property and personality, the discussion of inheritance behind them needs to be more carefully grasped< Chen Kai pointed out to the reporter that at present, the virtual property written into the will as a legacy has some problems, such as difficult to confirm the ownership, difficult to find and difficult to transfer“ Because the virtual property is scattered in the servers of various operators, and some virtual properties, such as QQ space, are relatively private. "

it is understood that at present, the platform mainly has two ways to deal with the user's Digital Heritage: first, the user only has the right to use the account, while the network service provider has the ownership. At this time, the account cannot be inherited, and the network service provider can choose to close, delete or cancel the user's account; The second is that the user has the ownership, and the digital heritage can be inherited. At this time, the inheritance of digital heritage needs to provide a series of proof materials

in most cases, Internet companies stipulate that the ownership and use right of user accounts are separated. For example, Sina Weibo, Tencent QQ and other user service use agreements stipulate that if the user does not actually use the service within a period of time after applying for the service, the operator has the right to choose to recycle the user's nickname, account number or stop the service within the scope permitted by laws and regulations<

Liu Junhai believes that there are two aspects to deal with digital heritage: first, the platform should plan the rules of Digital Heritage Inheritance in detail, and make clear the process of inheritors inheriting digital heritage. When a successor appears, the platform has the obligation to assist the successor to inherit the digital heritage according to law. When dealing with digital heritage, the platform should fulfill the obligations of notice, disclosure, assistance and confidentiality, which are also the basic legal requirements to be followed when dealing with digital heritage. Secondly, in terms of legislation, it is suggested that the legislature should take the issue of digital heritage into consideration when amending relevant laws.
4.

It is not illegal, but the legal risk can not be ignored

in September 2017, after the central bank and seven ministries and commissions jointly issued the "notice on the risk of token financing", which explicitly prohibited the trading of RMB and digital currency and the issuance of ICO (abbreviation of initial coin offering, which means the initial public offering of digital currency), the heat of hyping digital currency is still hard to rece

the current situation is that although the official ban, but in reality the transaction is still in progress, which will also lead to a series of legal problems. High return is accompanied by high investment risk, as well as legal risk that can not be ignored. After the central bank stopped the digital currency exchange in September 2017, some exchanges went overseas, and investors also went to overseas markets to invest and trade, or to find counterparties through Internet instant messaging software

extended information:

related risks:

1. The so-called credit risk is e to the lack of reliable third party participation, and the transaction between the two sides completely depends on the integrity. Once there is a breach of contract, it is difficult to protect the rights and interests

2. The so-called policy risk is that the attitude of various countries towards the special currency will lead to sharp fluctuations in the price of the currency, which will have a certain impact on the OTC trading; The so-called relief vacancy risk refers to the dispute caused by OTC transactions, which makes it difficult for all parties to obtain evidence and provide evidence

3. The public security organs often encounter the problem that there is no professional institution to price bitcoin in case filing or legal review, and our criminal law stipulates that the criminal object of theft is someone else's finance with economic value, because the economic value of bitcoin can only be proved by the trading platform according to the price displayed on the trading platform software, This kind of pricing is sometimes not recognized by public security organs and courts< br />

5. As a blockchain digital currency practitioner, to answer "first of all, you need to understand how bitcoin comes from. I hope the following answers will help you
what is blockchain
blockchain is a technical solution to maintain a reliable database collectively through centralization and distrust
generally speaking, blockchain technology refers to a way for the whole people to participate in bookkeeping. There is a database behind all the systems. You can think of the database as a big ledger. So it's very important who keeps this account book
so what's the difference between our current accounting method and blockchain
take the Internet giant companies as an example, wechat's account book is Tencent's account book, and Taobao's account book is Alibaba's account book
but in the blockchain system, everyone in the system can have the opportunity to participate in bookkeeping. If there is any data change in a certain period of time, everyone in the system can conct bookkeeping. The system will judge the person who has the fastest and best bookkeeping in this period, write the content of his records into the account book, and send the content of the account book to all other people in the system for backup. In this way, everyone in the system has a complete account book. This way, we call it blockchain technology
will not mastering blockchain be eliminated by the times
although blockchain is popular, for ordinary people, they don't need to panic and can't master this technology. In fact, it has nothing to do with us. After the implementation of blockchain development, we only need to be able to use related applications. Just like we don't need to know what is the underlying TCP / IP protocol of the Internet, we just need to enjoy the services provided by the Internet. Blockchain is more similar to the underlying technology such as TCP / IP, and will be extended to more and more instries in the future
how to apply blockchain
the most important thing of blockchain is to solve the problem of intermediary credit. In the past, it was difficult for two people who didn't know and trust each other to reach cooperation, and they had to rely on a third party. For example, in the past, there must be an institution such as a bank or Alipay.
therefore, blockchain can subvert many instries, making these instries without intermediary participation, efficient and transparent process, low cost and high data security. Therefore, if there is any demand in these three aspects, the instry will have the opportunity to use blockchain technology
what is bitcoin? Is bitcoin a blockchain
blockchain technology is the underlying technology of bitcoin. Through the blockchain technology, bitcoin is the first time for human beings to realize the mutual trust transfer behavior without the participation of any intermediary. And this system has been running autonomously and stably for many years, and there has been no problem
therefore, many people have noticed that the underlying technology may have a great mechanism, and it can be used not only in bitcoin, but also in many fields. Therefore, bitcoin technology is abstracted, which is called blockchain technology or distributed ledger technology. So from a certain point of view, bitcoin can be regarded as the first application of blockchain, and blockchain is more similar to the underlying technology such as TCP / IP, which will be extended to more and more instries in the future
what is "mining"
mining, in a narrow sense, is the "mining" in bitcoin. The operation of bitcoin adopts a mechanism called "proof of work (POW)". In order to find out who has more powerful computing power, the system will work out a mathematical problem every time. Only the computer that can solve the problem the fastest can carry out accounting. The computer that grabs the bookkeeping right will be rewarded with 25 bitcoins. This behavior is usually called "mining", and the bitcoin obtained is regarded as the reward for successful mining
broadly speaking, it is a process of bookkeeping reward, which can be used in any instry or digital currency
what is smart contract
smart contract is a kind of contract that uses computer language instead of legal language to record terms. Smart contracts can be executed automatically by a computing system. If blockchain is a database, smart contract is the application layer that can make blockchain technology applied to reality. In the traditional sense, the contract has no direct connection with the computer code to execute the content of the contract. In most cases, paper contracts are filed, while software executes contract terms written in computer code. The potential benefits of smart contracts include lower contract signing, enforcement and regulatory costs; Therefore, for many contracts related to low value transactions, this is a great rection in labor costs
Q: how to use smart contracts
if the central bank can issue legal currency through blockchain, it can also embed code into the behavior of issuing legal currency through smart contract technology, and this part of legal currency can be called "programmable currency". For example, if the Central Bank specifies that a certain part of the fund is issued to the agriculture related account, then it can write the corresponding proceres for this part of the fund, and specify that this part of the fund can only enter the agriculture related account, then this part of the fund can not be misappropriated to other accounts under any circumstances. If most currencies become "programmable currencies", then we can imagine that the financial environment they form will become "programmable finance"
what is digital currency
digital currency refers to the digitization of currency. Digital currency can be divided into two types: non cryptocurrency (e-gold, XRP) and cryptocurrency (bitcoin)
digital currency is often mistaken for virtual currency. But virtual currency refers to non real currency. For example, when you play "Three Kingdoms" (game) or "grand Voyage", you have money, and that money is virtual. Of course, the virtual money will also have its real value. For example, if you buy her / his account from another player, you can get all the virtual assets of that player, and then it will be much easier for you to continue playing
does a blockchain project need to have some kind of currency
A: No. Bitcoin itself is a payment system, so it needs a value measurement tool, so bitcoin must appear. In addition, in order to reward more people who are willing to contribute their computers to provide computing for the system, bitcoin is needed. In some private chain systems, special assets can be designed for transaction, and each node must participate
6. Certainly. Just confirm that your claim can be expressed in currency. And your loan relationship is formed.
7.

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

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