Is it illegal to sell mining machines
No illegal
in the bitcoin risk notice jointly issued by the people's Bank of China and other five ministries and commissions at the end of 2013, bitcoin is clearly defined as a special Internet commodity, and people can buy and sell it freely at their own risk. But it denies the monetary nature of bitcoin< The Article 143 of the general provisions of the civil law stipulates that "the civil legal act with the following conditions is valid:
(1) the actor has the corresponding capacity for civil conct< (2) the expression of intention is true< (3) it does not violate the mandatory provisions of laws and administrative regulations, public order and good customs. " The announcement of the seven ministries and commissions is neither a law nor an administrative regulation, and can not be used as a legal basis for judging whether a civil juristic act is valid or not; The law does not go back to the past. Therefore, the bitcoin transaction has legal effect, and the bitcoin obtained from the transaction is protected by law. Therefore, legal disputes arising from trading activities, including civil or criminal cases, should be subject to jurisdiction. Courts or public security organs can not refuse to accept bitcoin because they think bitcoin is not protected by law
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transaction mode
bitcoin is e-cash similar to e-mail, and both parties need "bitcoin wallet" similar to e-mail and "bitcoin address" similar to e-mail address. Just like sending and receiving e-mail, the remitter pays bitcoin directly to the other party through a computer or smart phone according to the recipient's address. The following table lists some websites that download bitcoin wallets and addresses for free
a bitcoin address is a string of about 33 characters long, consisting of letters and numbers, always starting with 1 or 3, such as & quot& quot; Bitcoin software can generate address automatically, and it does not need to exchange information online when generating address, so it can be offline [2]. More than 2 bitcoin addresses are available. Figuratively speaking, there are about two grains of sand in the world. If there is an earth in each grain of sand, then the total number of bitcoin addresses far exceeds the number of all the sand on all these "earths"
the bitcoin address and private key appear in pairs, and their relationship is just like the bank card number and password. A bitcoin address is like a bank card number, which records how much bitcoin you have on it. You can generate bitcoin address at will to store bitcoin. When each bitcoin address is generated, a corresponding private key of the address will be generated. This private key proves that you have ownership of the bitcoin at that address. We can simply understand the bitcoin address as the bank card number, and the private key of the address as the password of the corresponding bank card number. Only when you know the bank password can you use the money on the bank card number. Therefore, please keep your address and private key when using bitcoin wallet
after the transaction data of bitcoin is packaged into a "data block" or "block", the transaction is initially confirmed. When a block is linked to a previous block, the transaction is further confirmed. After six block confirmations in a row, the transaction was irreversibly confirmed. Bitcoin P2P stores all transaction history in a "blockchain.". The blockchain continues to extend, and once new blocks are added to the blockchain, they will not be removed. Blockchain is actually a distributed database composed of a group of scattered client nodes and all participants, which is a record of all bitcoin transaction history. Nakamoto predicts that when the amount of data increases, users hope that not all the data will be stored in their own nodes. In order to achieve this goal, he uses the hash function mechanism. In this way, the client will be able to automatically eliminate those parts that it will never use, such as some very early bitcoin transactions
if there are serious consequences, of course, they will be sentenced
not only Taobao, but also regular platforms are not allowed to sell. The central bank has issued a ban on the use of bitcoin procts
As of July 24, 2020, the state has not issued any laws to prove that bitcoin mining machine is illegal
bitcoin mining machine is one of the ways to obtain bitcoin. Bitcoin is a kind of network virtual currency proced by open source P2P software
it doesn't rely on the issuance of specific monetary institutions, and it is generated through a large number of calculations of specific algorithms. Bitcoin economy uses a distributed database composed of many nodes in the whole P2P network to confirm and record all transactions. The decentralized nature and algorithm of P2P can ensure that it is impossible to artificially manipulate the value of bitcoin through mass proction
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the issue and transaction of bitcoin are realized by mining, and it is cast at a certain but slowing rate. Each new block is accompanied by a certain number of new bitcoin from scratch, which is used as a coinbase transaction to reward the miners who find the block
the reward for each block is not fixed. For every 210000 blocks mined, it takes about four years, and the currency issuance rate is reced by 50%. In the first four years of bitcoin's operation, each block created 50 new bitcoins. Each block creates 12.5 new bitcoins. In addition to the block award, the miner will receive a handling fee for all transactions within the block<
source: Internet - bitcoin mining machine
It's not against the law
The laws and administrative regulations in China do not prohibit the proction, holding and legal circulation of bitcoin, nor do they prohibit the sale of bitcoin mining machines2. The investment and transaction of "virtual currency" represented by bitcoin are on the rise. For this kind of virtual goods generated in the Internet environment after the development of Internet technology, there are policy and commercial risks in related transactions. However, under the premise of not violating the mandatory provisions of laws and administrative regulations, the contract signed by the parties is a valid contract
3. Bitcoin is generated by "miner" and "mining", and "miner" can be assumed by anyone in any place in the world. "Mining" is a process in which "miner" provides certain computer computing power according to the open source software provided by the designer, and obtains the special solution of the equation through complex mathematical operations, The miner who gets the special solution gets a certain amount of bitcoin reward
Because bitcoin is based on workload proof, it is related to computing power. To have computing power, we need to consume power, so its power consumption is very large. It is precisely because of such a large power consumption that the safe and stable operation of bitcoin system can be guaranteed
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according to the data of btc.com website, up to now, the computing power of the whole bitcoin network is about 51.65 eh / s, which is equivalent to 1.84 million bitcoin S15 (28T computing power, 1596w power) mining machines in operation, and the daily power consumption is about 69.92 million kwh. Divided by the current proction of 1800 bitcoins per day, excluding other costs, each bitcoin will consume 38800 kwh of electricity. "
from this point of view, although the current price of bitcoin is expensive, the cryptocurrency market website coinmarketcap.com shows that the current unit price is about $7900, but the cost of mining a bitcoin is not low at all
It's not illegal, but the investment is relatively large. Now radar currency doesn't need mining machinery, and it pays interest every day when holding currency. Moreover, the price is not high, and there is room for appreciation< br />
in the notice of the people's Bank of China
Ministry of instry and information technology
China Banking Regulatory Commission
China Securities Regulatory Commission
China Insurance Regulatory Commission on risk prevention of bitcoin (Yin Fa [2013] No. 289), in addition to clarifying the attributes of bitcoin as a network virtual commodity, the notice mainly specifies the following contents:
first, the, It is clearly required that all financial institutions and Payment institutions at this stage shall not carry out business related to bitcoin, price procts or services with bitcoin, buy or sell bitcoin as central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability
Second, Internet sites that explicitly require bitcoin registration, trading and other services should be filed with the telecommunications regulatory authorities, and earnestly perform the anti money laundering obligations, identify users' identities, and report suspicious transactions
thirdly, relevant departments, financial institutions and Payment institutions are required to correctly use the concept of money in their daily work, pay attention to strengthening the ecation of the public's knowledge of money, and incorporate the concepts of correct understanding of money, correct treatment of virtual goods and virtual money, rational investment, reasonable control of investment risks, and maintenance of their own property security into the content of financial knowledge popularization activities, To guide the public to establish a correct concept of money and investment
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the notice requires that at this stage, all financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin as a central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability, and shall not directly or indirectly provide customers with other services related to bitcoin
including bitcoin registration, trading, clearing, settlement and other services for customers; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc
according to the notice, bitcoin Internet sites, as the main trading platform of bitcoin, should be put on record in the telecommunications regulatory agency in accordance with the provisions of the Telecommunications Regulations of the people's Republic of China and the measures for the administration of Internet information services
at the same time, in view of bitcoin's high risk of money laundering and being used by criminals, the circular requires relevant institutions to earnestly perform legal anti money laundering obligations such as customer identification and suspicious transaction report in accordance with the requirements of anti money laundering law of the people's Republic of China, so as to effectively guard against bitcoin related money laundering risks
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five ministries and commissions including the people's Bank of China and the government of China issued the notice on preventing bitcoin risk
five ministries and commissions including the China securities regulatory network and the central bank issued the notice on preventing bitcoin risk
2) in the notice issued by the five ministries and commissions, bitcoin is defined as "special commodity", which can be legally held at its own risk
3) at present, there are three risks in bitcoin: cross risk, price risk and "running away" risk. Due to the characteristics of anonymity, no national boundaries and no easy tracking, bitcoin is graally used as a means of exchange and payment by criminals. According to the Xinhua article, in a recent on-site inspection of major trading platforms in Beijing, the central bank found that both Huo coin.com and okcoin.com used the deposit funds formed by investors' recharge to purchase financial procts, totaling about 1 billion yuan. New things are developing too fast, so supervision must keep up with the pace, actively improve the system and regulations, and put bitcoin into the cage of supervision. In the face of serious violations of bitcoin trading platform, supervision should never be soft handed and shut down.