Can the court find personal virtual 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
for example, bank deposits will go to the people's Bank of China, which is subject to administrative enforcement. From this bank, it can be verified that the debtor has deposited in all the names of the four major banks
you can check the remittance records on the counter cash remittance website. The method is as follows:
log in to personal online banking and select "my account" - & gt“ Electronic speedsink "- & gt“ Transfer remittance query "or" batch instruction query "respectively query the remittance records of" single transfer remittance "and" batch transfer remittance "in recent three months
the "transfer remittance query" can be inquired one by one according to the collection and payment transaction. Click the "details" on the right side of the query record to query the specific information of the transaction.
1. If the account owner is suspected of a criminal offence, the procuratorate and the court can investigate
2. If civil or administrative cases are involved, the court has the right to inquire when the parties apply
3. In the case of execution, the executor has the right to inquire and dect.
2. The properties that the court can inquire about include: bank deposits, stocks, funds, other securities, vehicles, houses, land use rights, etc.
It can be found out
executive judge Liu Yingxin inquired into the personal account of Lee and his wife Alipay through the investigation and control system of the Supreme People's court, and found a sum of more than 6 yuan in the Alipay account of Lee, who was executed by the Supreme Court. The executive judge immediately contacted Alipay (China) Network Technology Co., Ltd., and asked for assistance in freezing and delimit the money in the Alipay account of the Lee. p>
and send the legal documents such as the ruling of freezing execution and the notice of assisting execution by express mail. After confirming the situation, Alipay online helped to freeze Alipay's personal account funds under the name of Lee, and promptly downgraded its credit rating on Alipay platform. P>
subsequently, the executive judge Liu Yingxin transferred the enforcement documents and the execution notice to Alipay (China) Network Technology Co., Ltd., and all the executive funds were transferred to the Mengcun special court account in May 18, 2017. In May 19th, the executive director, Zhang Mou, took the money under the supervision of the court. All the cases were concluded
extended information:
the Supreme People's court has established a "total to total" network inspection and control system, which is connected with 16 units and more than 3900 banking financial institutions, and can query 25 items of information (real estate, deposits, financial procts, ships, vehicles, securities, network funds, etc.) in 16 categories nationwide. Basically realize the effective coverage of the main property forms and related information of the executed
as of December 31, 2018, through the Supreme People's court's "general to general" network investigation and control system, courts nationwide have provided inquiry and freezing services for more than 60.38 million cases, with a total of 413.6 billion yuan of frozen funds, 9.84 million pieces of real estate information, 51.42 million vehicles, 142.1 billion shares of securities, 1.94 million fishing boats and ships, and 25.7 billion yuan of Internet bank deposits, It effectively safeguarded the legitimate rights and interests of the parties
2. After accepting your case, the Executive Board of the court will try its best to enforce the other party's personal property to protect your rights
3. As for the problem of the other party's malicious transfer of property that you are worried about, it may happen in practice, but this kind of malicious transfer of property is not in line with the law, But the court can still enforce his transfer of property.