Position: Home page » Currency » On the legal attribute of digital currency

On the legal attribute of digital currency

Publish: 2021-05-28 06:44:30
1. 1. Low transaction cost
compared with traditional bank transfer, remittance and other methods, digital currency transaction does not need to pay fees to a third party, and its transaction cost is lower, especially compared with cross-border payment which provides high service charges to payment service providers
2. Fast transaction speed
the blockchain technology used in digital currency has the characteristics of decentralization, High anonymity
in addition to the point-to-point transaction without intermediary participation, one of the advantages of digital currency over other electronic payment methods is that it supports remote point-to-point payment, It doesn't need any trusted third party as an intermediary, and the two sides of the transaction can complete the transaction in a completely strange situation without mutual trust. Therefore, it has higher anonymity and can protect the privacy of traders, but it also creates convenience for cyber crime, which is easy to be used by money laundering and other criminal activities
2. China's law on the supervision of digital currency is still a blank. Digital currency is in a gray area in China. If it is not prohibited by law, it can be used. However, there are still some normative provisions on digital currency in China
at the end of 2013, the central bank and other five ministries and commissions jointly issued the bitcoin risk notice, which clearly defined bitcoin as a special Internet commodity, and people can buy and sell it freely at their own risk. But it denies its monetary attribute. At this stage, bitcoin cannot and should not be used as currency
Ruitai, Qianjin card, Laite and other digital currencies are all applicable to the definition of bitcoin. Digital currency can exist as a commodity.
3.

In China, digital currency is illegal. According to the regulations, financial institutions and non bank payment institutions shall not directly or indirectly provide procts or services such as account opening, registration, trading, clearing and settlement for token issuance financing and "virtual currency"

it is not allowed to underwrite insurance business related to token and "virtual currency" or include token and "virtual currency" in insurance liability. Financial institutions and non bank payment institutions shall report to the relevant departments in a timely manner if they find clues of violation of laws and regulations in token issuance financing transactions

extended information:

since the announcement on preventing the financing risk of token issuance was issued, any so-called token financing trading platform shall not engage in the exchange business between legal tender and token and "virtual currency", and shall not buy or sell tokens or "virtual currency" as a central counter party, It is not allowed to provide pricing, information intermediary and other services for token or "virtual currency"

for the token financing trading platform with illegal problems, the financial management department will request the competent department of telecommunications to close its website platform and mobile app according to law, request the network information department to remove the mobile app from the app store, and request the instrial and commercial administration department to revoke its business license according to law

4.

the functions and properties of digital currency are exactly the same as paper money, but its form is digital Mu Changchun, director of the digital currency Research Institute of the central bank, said that the central bank's digital currency is a digital alternative to paper money, that is, digital currency and electronic payment tools. If we regard the digital currency issued by the central bank as digital RMB cash, we can understand the concept of digital currency very well

Mu Changchun once described such a use scenario: as long as you and I have DC / EP digital wallets on mobile phones, we don't even need the network. As long as the mobile phone has electricity and two mobile phones touch each other, we can transfer the digital currency in one person's digital wallet to another person. Digital money does not need to bind any bank account when it is paid, unlike WeChat and Alipay bank. p>

fan Yifei, vice governor of the central bank, said that the central bank's digital currency focuses on replacing M0 (i.e. banknotes and coins), and maintains the properties and main features of cash, which meets the needs of portability and anonymity, and will be the best tool to replace cash

{rrrrrrr}

extended materials

Digital RMB will be carried out in Beijing, Tianjin and Hebei and other places

the notice on printing and distributing the overall plan for comprehensively deepening the innovation and development of service trade was released on the official website of the Ministry of Commerce on the 14th, which announced the pilot areas of digital RMB

the reporter noted that Article 93 "comprehensively deepen the pilot tasks, specific measures and division of responsibilities for innovative development of trade in services" proposes to carry out digital RMB pilot projects in Beijing Tianjin Hebei, Yangtze River Delta, Guangdong, Hong Kong, Macao and other pilot areas in central and Western China

according to the notice, the people's Bank of China has formulated policy safeguard measures; First, Shenzhen, Cheng, Suzhou, xiong'an new area and other relevant departments of the future Winter Olympic Games scene will assist in the promotion, and then expand to other regions as appropriate

the pilot areas for comprehensive deepening are Beijing, Tianjin, Shanghai, Chongqing (21 municipal districts including Fuling District), Hainan, Dalian, Xiamen, Qing, Shenzhen, Shijiazhuang, Changchun, Harbin, Nanjing, Hangzhou, Hefei, Jinan, Wuhan, Guangzhou, Cheng, Guiyang, Kunming, Xi'an, Urumqi, Suzhou, Weihai, xiong'an New District of Hebei, Gui'an New District of Guizhou Shaanxi Xixian new area and other 28 provinces and cities (regions)

5. There is no digital currency issue
6. Well, this is the answer given by my teacher

A: filter some common database operation keywords,
select, insert, update, delete, and, * etc., or filter the content through the system function addslashes
register in PHP configuration file_ globals=off; Set to off state. (the function will close the registered global variables); If receiving the value of post form, use$_ POST[' user'], If it is set to on, the value will be received by $user.
when writing SQL statements, try not to omit small quotation marks (the one above tab) and single quotation marks.
improve the skills of database naming, and name some important fields according to the characteristics of the program, so that they are not easy to be guessed.
encapsulate common methods to avoid directly exposing SQL statements.
Open PHP safe mode_ Mode = on
Open magic_ quotes_ GPC is used to prevent SQL injection. It is turned off by default. When it is turned on, it automatically converts the SQL query statement submitted by the user to & quot&# 39;& quot; Convert to & quot&# 92;&# 39;& quot;
control the output of error message, close the error message prompt, and write the error message to the system log
preprocess with mysqli or PDO
7.

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

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

the following are part of the "blacklist":

214, xinlianhe (far away)

215, qianoo advertising machine (far away)

216, Mingchen International (running away)

217, yinshangbao (far away)

218, Yinhe blockchain (far away)

219, Shaanxi hongshaan Valley (running away)

220, Shaanxi Hongguo (running away)

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

222 Longxi group (far away)

223, longyingtianxia (abnormal platform)

224, Jimei Baijia (restart and renamed)

225, Xuexiang Tesco (cash withdrawal difficulty)


< H2 > extended information:

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

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

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

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

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

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

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

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

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

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

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

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

8.

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

9. On the situation and consequences of invalid contract:
Article 52 of China's contract law stipulates: "in any of the following circumstances, the contract is invalid: (1) one party enters into the contract by means of fraud or coercion, which damages the interests of the state 2) Malicious collusion or damage to the interests of the state, the collective or the third party 3) Cover up illegal purpose in legal form 4) Damage to public interests 5) It violates the compulsory provisions of laws and administrative regulations. " Specifically:
(1) concluding a contract by means of fraud or coercion damages the interests of the state.
according to Article 68 of opinions on Several Issues concerning the general principles of the civil law, the so-called fraud means that one party intentionally informs the other party of false information, or deliberately conceals the true situation, so as to ince the other party to make a wrong expression of will. The contract concluded by fraud is based on the expression of intention by the deceitful person e to the wrong understanding of the fraud
a civil act caused by fraud is a civil act in which the perpetrator is trapped in some misunderstanding e to the intentional fraud of the other party. To constitute a fraud, the following conditions should be met: first, there must be fraud by the fraudster. Fraud is a kind of behavior that can make the cheated fall into a certain error, deepen the error or keep the error. There are three main manifestations: fabricating false facts, concealing true facts and changing true facts. Second, there must be the fraud intention of the fraudster. Fraud intention is the intention to make others fall into error e to the fraudster's fraud behavior and express his intention based on the error. Third, there must be mistakes made by the fraudster because of the fraudster's fraud. The "mistake" here refers to the lack of understanding of the contents of the contract and other important circumstances. According to the traditional civil law, it is the fact that the fraudster must fall into the error to constitute the fraud. The fraudster does not fall into the error. Although the fraudster has the intention and behavior of fraud, there is no legal consequence of fraud in the civil law. Fourth, there must be a declaration of intention made by the cheated person because of his mistake. There is a causal relationship between the error and the expression of will. Wrong understanding must be the direct cause of the expression of will in order to constitute fraud. Fifthly, fraud violates the principle of good faith in civil activities. The principle of good faith requires people to pay attention to credit in civil activities, abide by their promises, be honest, and pursue their own interests without harming the interests of others and society
according to Article 69 of opinions on several issues of general principles of civil law, the so-called coercion is to force the opposite party to act against the true expression of will by causing damage to the life, health, honor, reputation and property of citizens and their relatives or to the honor, reputation and property of legal persons. Coercion is also one of the reasons that affect the validity of the contract
the constitution of coercion should have the following conditions: first, it must be the coercion of the coercing person. The so-called coercion behavior is the behavior that the intimidator shows harm to the coerced person. Coercion is clearly stipulated in Article 69 of opinions on several issues of general principles of civil law. Second, there must be coercion intention. The so-called coercion intention refers to the meaning that the intimidator has caused the ideographer (the coerced person) to have terror and express a certain meaning because of terror. It includes two meanings: one is to make the coerced person into terror, the other is to make the coerced person express a certain meaning because of terror. Third, coercion is illegal. There are three kinds of so-called Illegality: the purpose is illegality, and the means are also illegality; The purpose is legal and the means is illegal; The means are legal and the purpose is illegal. Fourth, there must be a person under ress who is afraid because of ress. That is to say, the person under ress has the psychology of terror and fear when he realizes that he or his relatives and friends will suffer great harm. If the coerced person does not have terror because of coercion, although terror occurs, its terror does not occur because of coercion, it does not constitute coercion. Fifth, there must be the coerced person's expression of will because of terror, that is, there is a causal relationship between terror and expression of will. This causal relationship only needs the coerced person's expression of will based on terror subjectively. Only when the above five elements are met at the same time can coercion be constituted
according to Article 52 of the contract law, a contract concluded by one party through fraud, coercion and other means is invalid only when it is detrimental to the interests of the state< (2) malicious collusion damages the interests of the state, the collective or the third party
malicious collusion, which damages the interests of the state, the collective or the third party, is not uncommon in judicial practice, such as the debtor entering into a false sales contract, a false mortgage contract or a false gift contract with the opposite party in order to avoid compulsory execution; It is also a typical act of malicious collusion for an agent to enter into a contract in collusion with a third party and damage the interests of the principal. This kind of contract damages the interests of the state, the collective or the third party, so it is also illegal and harmful to the society. Therefore, the contract law includes the civil act of "malicious collusion to damage the interests of the state, the collective or the third party" stipulated in Article 58 (1) (4) of the general principles of the civil law into the invalid contract, so as to safeguard the interests of the state, the collective or the third party The interests of the collective or the third party shall be protected and normal contract transactions shall be maintained
for a contract concluded by malicious collusion, the following are the constitutive requirements: first, the parties are malicious subjectively. That is to say, knowing or knowing that his behavior will cause damage to the interests of the state, the collective or the third party, he does it intentionally. Second, there is collusion between the parties. Collusion refers to collusion, so that the parties can reach an agreement on the motivation, purpose, behavior and the result of the behavior, so that the common purpose can be achieved. After reaching an agreement on the expression of intention to achieve the illegal purpose, the parties agree to cooperate with each other or jointly implement the contract. Third, the act of collusion between the two parties damages the interests of the state, the collective or the third party. The result of malicious collusion should be that the interests of the state, the collective or the third party are damaged. The law does not prohibit the parties to obtain benefits in the conclusion and performance of the contract. However, if the two parties seek their own interests while damaging the interests of the state, the collective or the third party, the law will intervene
the contract concluded by malicious collusion is absolutely invalid, which can not be dealt with according to the general principle of absolutely invalid contract stipulated in Article 58 of the contract law. Instead, according to Article 59 of the contract law, the property obtained by both parties as a result of the contract should be returned to the state or returned to the collective or indivial
(3) cover up the illegal purpose in the legal form
cover up the illegal purpose in the legal form, also known as the concealment behavior, refers to the behavior that the parties cover up their real illegal purpose by carrying out the legal behavior, or the behavior is legal in form but illegal in content
when a Party concts an act to cover up an illegal purpose in a legal form, it is not against the law in terms of the external manifestation of the act. But this form is not the purpose of the parties, not the real intention of the parties, but through such a legal form, to cover up and achieve its real illegal purpose. Therefore, we should distinguish the external form and the real intention of this kind of concealed behavior, and accurately determine the effectiveness of the contractual behavior carried out by the parties
a contract concluded by concealing an illegal purpose in a legal form should meet the following requirements: first, the real purpose or means to be achieved by the parties must be prohibited by laws or administrative regulations; Second, the parties to the contract have the intention to evade the law; Third, in order to evade the mandatory provisions of laws and administrative regulations, the parties used the legal form to cover up the illegal purpose< (4) damage to social and public interests
when there is no clear provision in laws and administrative regulations, but the contract obviously damages the social and public interests, the clause of "damage to social and public interests" can be applied to confirm the invalidity of the contract< (5) a contract that violates the mandatory provisions of laws and administrative regulations is a contract in which the parties violate the mandatory provisions of laws and administrative regulations both in the purpose and content of the contract Article 4 of the interpretation of the contract law clearly stipulates: "after the implementation of the contract law, the people's court's confirmation of the invalidity of the contract shall be based on the laws formulated by the National People's Congress and its Standing Committee and the administrative regulations formulated by the State Council, and shall not be based on local laws and administrative rules."
it should be noted that for a contract that violates the mandatory provisions of laws and administrative regulations, it is not a question whether the parties are intentionally or negligently involved. As long as the contract violates the mandatory provisions of laws and administrative regulations, it is confirmed that the contract is invalid. According to the spirit of Article 52 of the contract law, the principle of confirming invalid contract can be summarized as follows: if the law and administrative regulations explicitly stipulate that the contract is invalid, the contract is invalid; Otherwise, the contract is valid< The legal consequences of contract invalidation:
(1) retrospective effect of contract invalidation
Article 56 of China's contract law stipulates: "an invalid contract or a cancelled contract has no legal binding force from the beginning. If part of the contract is invalid and does not affect the effect of other parts, other parts are still valid." It can be seen that after a contract is confirmed to be invalid or revoked, the result is that the contract is invalid from the beginning. This is the retroactive effect of void contract. This is true for both absolutely invalid and relatively invalid contracts
in judicial practice, when some parts of a contract are invalid and the contents of other parts that can exist independently still meet the requirements of validity, the valid part will continue to be valid after the invalid part is confirmed to be invalid, but the premise is that the valid part can exist independently and has no relationship with the invalid part. If the invalid part of a contract is confirmed to be invalid, the validity of the valid part will be affected, The contract shall still be null and void.) For example, in the sales contract, when both parties agree on the deposit guarantee terms, if the proportion of the agreed deposit exceeds 20% of the total amount of the contract, the excess part is invalid, not all the deposit terms are invalid. This is the invalidity of part of the contract. Another example is the contract signed by the actor for reselling gold and silver, guns and ammunition. The content of the contract has fundamentally violated the provisions of the law, so the whole contract should be confirmed as invalid< Article 57 of the contract law stipulates that "if a contract is invalid, revoked or terminated, it shall not affect the validity of the exclusive provisions on dispute settlement in the contract." The clause indicates that the clause on dispute resolution in the contract is relatively independent and will not lose its validity e to the invalidity, cancellation or termination of the contract
"dispute settlement provisions" mainly include the following forms: first, arbitration provisions. Arbitration clause is a form of arbitration agreement, and it is also a contract between the parties
Hot content
Inn digger Publish: 2021-05-29 20:04:36 Views: 341
Purchase of virtual currency in trust contract dispute Publish: 2021-05-29 20:04:33 Views: 942
Blockchain trust machine Publish: 2021-05-29 20:04:26 Views: 720
Brief introduction of ant mine Publish: 2021-05-29 20:04:25 Views: 848
Will digital currency open in November Publish: 2021-05-29 19:56:16 Views: 861
Global digital currency asset exchange Publish: 2021-05-29 19:54:29 Views: 603
Mining chip machine S11 Publish: 2021-05-29 19:54:26 Views: 945
Ethereum algorithm Sha3 Publish: 2021-05-29 19:52:40 Views: 643
Talking about blockchain is not reliable Publish: 2021-05-29 19:52:26 Views: 754
Mining machine node query Publish: 2021-05-29 19:36:37 Views: 750