Breaking 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
learned from the Xi'an Municipal Public Security Bureau's opening branch recently that the "3. 30" network hacker theft virtual currency case was broken down nearly half a year, and 3 suspect suspects were all arrested. The initial investigation found that the gang involved in the case reached 600 million yuan. p>
on March 30, 2018, the economic development branch of Xi'an Public Security Bureau received an alarm from the victim Zhang, claiming that his personal computer was suspected to have been illegally intruded, and a large number of virtual currencies such as bitcoin and Ethereum were looted, with a market value of over 100 million yuan. The Municipal Public Security Bureau quickly set up a special group to carry out the detection work
has been examined by the 3 suspects as hacker. Many illegal gains have been obtained through illegal invasion, control of company's enterprise and personal network system, and the amount of suspect involved has reached 600 million yuan. At present, the case is still under further investigation
in order to protect the right of privacy, the specific name will not be released, such as the case of "Wanfu coin of future city" organized and led pyramid selling activities cracked in Xuzhou, and the official name of its leader is Liu Mou Ben
reporters in some "Wan Fu" promotion website and official account, many of the title of Liu, including the president of the global future city group, former vice governor of California, etc., and many pictures of Liu and foreign dignitaries and celebrities. In order to develop more members, Mr. Liu also held a huge investment promotion conference in Bali, Indonesia, Hong Kong and other places, attracting thousands of people from China
Liu also claimed that "Wanfu coin" was approved by the US Securities Regulatory Commission and the China Banking Regulatory Commission and would soon apply for a direct sales license in China. According to police investigation, "Wanfu coin" as a virtual digital currency has no legal basis to apply for direct marketing license in China, which is purely fictitiousaccording to the relevant person in charge of Xuzhou public security bureau, "Wanfu coin" reflects the new characteristics of the current MLM
1. In the name of virtual currency, virtual currency is a new thing for pyramid selling. At the same time, it is attractive under the banner of e-commerce, personal finance and distance ecation, which is not understood by the general public and easy to be deceived
2. Development members on the Internet are all carried out on the Internet, and members can only join the MLM through the website, and the user names used are pseudonyms or code names, and they all have their own login passwords. They chat with each other mainly through wechat. This has changed the traditional mode of setting up a studio and a newspaper center to organize activities, and increased the concealment of MLM
3. Spread on the Internet
the Internet makes the pyramid selling break through the restrictions of regions and national boundaries. The backbone personnel of pyramid selling often set their headquarters abroad, hide abroad and issue orders. It is difficult to arrest, recover stolen goods and get rid of the roots when funds are transferred abroad
according to the police, there are 100 or 200 kinds of "virtual currency" publicized on the Internet, which is hard to distinguish between true and false. The use of virtual currency for illegal fund-raising, pyramid selling, fraud and other criminal activities are frequent, investors should carefully screen
has the final say:
virtual currency network platform features
1, hype "new concept"
virtual currency network platform has very flexible form, often make only superficial changes, many are just made some concepts, all "game rules" are all platform based, there is a very big black box operation space. p>
2. Advocate "zero risk"
"real zero risk, only make no loss financial project", "China's first FC virtual currency is born, will create countless millionaires again"... The reporter saw that on a flyer page of FC virtual currency, there is such a slogan. A "player" told reporters that other "players" also claimed that in the future, a coin can buy a house
In the case of Yiyang network platform, many participants are over 60 years old, and the oldest is close to 80 years old. They usually spend most of their time at home with their grandchildren. They don't understand the Internet, and they listen to others. The elderly have accumulated a certain amount of wealth, and they don't know much about new things, so it's difficult to identify false propaganda, so it's easy to become the target of these network platformsnowadays, pyramid schemes under the guise of virtual currency are rampant. According to the information obtained by China volunteer alliance against pyramid schemes, Baichuan currency is closely related to SMI, MBI, mark currency, dark black currency, mmm, Fuda compound interest financing, carat currency, petroleum currency, Huaqiang currency, etc CB aiib Hong Kong Group, coin Sheng, WorldCom yuan, u-coin, Jubao, 21st century fox, Wanxi financial management, BBT (now renamed Morgan coin after repeated exposure by the media) are all illegal pyramid schemes under the guise of virtual currency.
in fact, if you want to prevent being cheated, you just need to remember that there is no pie in the sky. Once there is, it is definitely a pit now the conditions are getting better and better. Every family has a part of the deposit. Some people will take the money to make investment or finance, and then want to get more benefits. But if they are not careful, they will easily fall into the trap. Especially for some elderly people, the money they have saved for a lifetime is originally for their own pension, but because they want to earn more money, they are cheated into nothing. So in our life, we should firmly remember this sentence, that is, we should be greedy for the cheap and suffer great losses. We should never believe the good things we give you in vain{ RRRRR} this can make a lot of money
when Yang saw that he had made so much money, he wanted to withdraw it. The account showed that it would arrive within 24 hours. As a result, after waiting for 24 hours, the money did not arrive. After Yang found that the money didn't arrive, he went to ask sister Ding. Sister Ding said that you should go to the director. After finding the director, the director told him to go to customer service. After asking about the customer service, the customer service replied that because Yang's information was inconsistent, it was necessary to pay 10% of the fund in the account as the risk deposit. If there were more than 2 million yuan in the account, the deposit would be more than 220000 yuan. Because he was anxious to withdraw cash, Yang believed what the other party said and remitted more than 220000 yuan to this account. After remitting the money, the customer service told him that he didn't note the risk deposit when he remitted the money, so he had to pay it again. Until this time, Yang was completely awake, found himself cheated, and later chose to call the police
Brazilian police seized a criminal gang using bitcoin to launder money on the 13th. This is also the first case of using virtual currency in Brazil. On the same day, the police launched a new round of anti-corruption operations and arrested former government officials and special police officers in Rio de Janeiro. They are suspected of embezzling state assets by issuing high priced invoices
Different from traditional currency, bitcoin is actually a kind of encrypted data based on blockchain technology, which can realize point-to-point payment transactions with bank support. At present, many countries have tightened the supervision of bitcoin in order to control financial risks and combat money launderingNo.17 line:
Chashan Higher Ecation Park Wenzhou University muzhoulong City College Ehu nanxiang Jin'an village Zhuao Jinzhu village Dongzhuang Yuying experimental middle school Dapeng intersection (a supermarket) - Cihu intersection Nanpu village Nanpu Niushan Dezheng Instrial Zone Shiliting bus passenger transport center Fapai Intersection - Dongyu road - Nantang bridge - Nanpu Sixth District - Nanpu farmers (Friendship Hospital) - Wendi Jinyuan - Huaxia Bank (lower Lupu) - Times Square - HENGDU - Zhongxi hospital - Earl's Villa - Xincheng Station - Radio and Television Center - Tangjiaqiao - bus terminus - Shangjiang - Tangjiaqiao departure station (38 stations)
route 53:
Higher Ecation Park departure station - Medical College - North Campus of Wenzhou University- Vocational and Technical College - Chashan - Higher Ecation Park - Wenzhou University - muzhoulong - goose neck head - City College - Baixiang town - Baixiang village - xianghou - Shangcai Village South - Shangcai Village North - Sanlong intersection - Wenzhou Middle School - laodianhou - Hezhuang - Donglong (Ouhai Sanyi) - yuelelong - Oujiang building - Xinnan railway station - Guangchang railway station - shanglupu LONGYE Garden - Nanpu District 8 -Nanpu agricultural trade (Friendship Hospital) - Nanpu District 6 - Nantang bridge - Fapai intersection - Passenger Transport Center - Niushan North Road - Vehicle Management Office - Xingtong bridge - aoqian - freight market - Wenke Academy (former Wenzhou Agricultural School) - Yongqing Street - Xinqiao middle school - Jinchan Avenue - Sanjia - Qianhua - Xihu village - minhu - Pudong departure station - Pudong (48 stations)