Steal silver 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
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. Both tangible and intangible objects have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured
as for the meaning of online virtual property, the notice of the Ministry of culture and the Ministry of Commerce on strengthening the management of online game virtual currency, which was implemented on June 4, 2009, defines online game virtual currency: it is issued by online game operation enterprises, and game users use legal currency to purchase it directly or indirectly in a certain proportion, which exists outside the game program, It is a virtual exchange tool, which is stored in the server provided by online game operators in the form of electromagnetic recording and expressed in specific digital units. Online game virtual currency is used to exchange the online game services provided by the issuing enterprise within a specified scope and within a specified time. It is expressed in the form of prepaid recharge card, prepaid amount or points, but does not include the game props obtained in the game activities
from the above definition, we can see that the network virtual property has the following obvious characteristics: value specificity, a certain network virtual property can only exist in the game running on a specific server, can not be placed in other games, without a specific game, there is no value; The existence of its economic value depends on whether the players subjectively believe that it has use value and whether it can actually achieve transactions between different players in the same game; The value difference is different for different players, but it has no value for non players
from the perspective of China's criminal law, "property" as a crime of theft is not only limited to physical property, but also intangible property, such as electricity, gas and so on. But no matter they are tangible or intangible, they all have common characteristics, that is, the general public agree that they have value, and the value can be objectively measured. In contrast, the network virtual property is obviously different from the "property" in the criminal law of our country, which does not conform to the concept of public and private property in the general sense of public cognition. The legal attribute of network virtual property is actually computer information system data, a virtual exchange tool, which can not be the object of theft< In addition, according to the principle of a legally prescribed punishment for a specified crime, only those who are prescribed as crimes by law can be treated as crimes, while those who are not prescribed as objects of crimes by law cannot be treated as objects of crimes. At present, China's criminal law and previous judicial interpretations on larceny have made clear provisions on "public and private property", but the network virtual property has not been interpreted as the object of larceny
from the definition and attributes of network virtual property, the essence of the legal attribute of network virtual property is electromagnetic records, that is, electronic data. The act of stealing network virtual property is fully in line with the constitution of the crime of illegally obtaining computer information system data stipulated in article 285 of the criminal law. The application of this crime is enough to objectively and comprehensively evaluate the nature of the act< It is difficult to identify the value of network virtual property
■ judicial observation
as for how to identify the value of network virtual property, there is no unified and universally recognized calculation standard in the theoretical and judicial circles
first of all, the current judicial interpretation does not stipulate how to determine the value of network virtual property, and there is no clear basis for its determination in judicial practice, so there will be disputes in determining its value anyway; Secondly, in the objective sense, network virtual property itself has no value, and its value can only be determined when players trade, which is difficult to be identified from an objective point of view; Thirdly, the value of network virtual property can only exist in a specific server and a specific player, which is separated from a specific server and lost the so-called value. There are different values for different players, so it is difficult to have a unified calculation standard; Finally, it is not objective to identify the value according to the repair cost or expected income paid by the server operator e to theft
therefore, defining the act of stealing network virtual property as theft will bring a series of problems to the determination of the amount. In the absence of a unified and objective calculation method of the amount and the determination of the crime of illegally obtaining computer information system data, it is not appropriate to interpret network virtual property as "property" in theft
from the perspective of overseas criminal legislation and justice, it is rare to treat the theft of network virtual property as theft. The theoretical circle and judicial practice of Italian criminal law do not recognize that the act of stealing virtual property constitutes the crime of theft stipulated in Italian criminal code. It follows the principle of style interpretation and forbids to expand the interpretation of "property", including information data. As for the infringement of network virtual property, the Italian criminal code has set up a section after the traditional crime. Although there are cases in the criminal judicial practice of Japan that determine the crime of using electronic computer to defraud virtual property, it stipulates the special crime of "using electronic computer to defraud" after the traditional crime of fraud. The general theory of Japanese criminal law also believes that the fictitious property does not belong to the crime object of theft stipulated in the Japanese criminal code
in 2003, the criminal code of Taiwan deleted the provision that electromagnetic records were set as movable property in 1997, and the provisions on stealing electromagnetic records are applicable to computer crimes such as obtaining computer information system data
in conclusion, according to the special nature of network virtual property, it does not have the property attribute in the sense of criminal law. Based on the principle of legality, the theft of network virtual property can not be regarded as theft, but can be punished as the crime of illegally obtaining computer information system data.
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 the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding 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
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it as a data or system function in a computer system. The author thinks that there is some irrationality in this way
first of all, in the notice on preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such 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 network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of 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 future
finally, from the relevant cases, we can also see the recognition of the property attributes of virtual currencies such as bitcoin in China's judicial practice.
Bitcoin can communicate
I can give you a simple and crude answer to this question. It's not necessary at present, but it's hard to say how to develop or what new policies will be adopted in the future. Bitcoin has a great influence on the international market now, there's no doubt about this according to the latest data report of the IRS, the transaction report between 2013 and 2015 shows that the number of people trading bitcoin at that time was less than 900 in the world. Although this figure is obviously incorrect, in order to regulate regulation, the IRS has listed cryptocurrency as an indivial property attribute as early as 2014, And sent a prescribed notice to some bitcoin exchanges
I think there are only two kinds of people in the world, one is rich people, the other is people who have bitcoin, or people who don't have bitcoin. This is an obvious chemical reaction. This may be a wealth belief of most owners or people who will enter the monetary circle in the future, In a short period of time, the soaring currency created a lot of fortune news like a myth. Many people now think that bitcoin is the hope of his life. Obviously, these people have not been cut leeks yet{ RRRRR}bitcoin does not rely on specific currency institutions to issue. 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
bitcoin is very similar to cash
the advantages of bitcoin are: no freezing, no tracking, no taxes, and extremely low transaction costs. Compared with people who speculate in currency, it is wealth, and people outside the currency circle may think it is a fraud
depending on which trading platform, each trading platform is definitely different.
the computing power of graphics card is more than 50 times of CPU
by Dongfang satellite TV, shangteng entertainment and Leica & reg; With the support of universal records, Shanghai Media Group (SMG), and the co sponsorship of designated airlines, such as Dragonair and Guangming shangcha, the brand jointly launched a more cool and Creative Dream Music Tour with the purpose of exploring the potential idol and creating a superstar of tomorrow
the first Lycra & reg; Zhang Jie, the champion of "my show" competition, has released his first album and sold well all over the country. Zhang Jie has become one of the most popular new stars in the Asia Pacific region in 2005. This competition will continue the first model and be held nationwide with a stronger momentum. The final winner will sign a contract with shangteng entertainment, which will be made by the three organizers with a value of millions. It will be vigorously promoted by the full support of universal records and the strong platform of Shanghai Media Group, forging a global superstar of tomorrow! This competition will also make more people enjoy the fun of participation, experience and witness the birth of a shining star
at the same time of the competition, 13 TV reality shows related to the competition will be proced at the same time. Oriental satellite TV will cooperate with Beijing, Guangzhou and Cheng TV stations to create a more powerful media platform. At the same time, viewers from the United States, Australia, Japan and Macao can also watch it at the same time<
entry qualifications:
· the age of entry is 16-25 years old
· at the time of registration and ring the whole competition period, no contract has been signed with any record company, brokerage company or proction company other than shangteng entertainment, or any such contract is still valid
· there are no unsettled disputes with any record company, brokerage company or proction company
· you must enter the competition in your own name. Registration in the form of singing group is not accepted<
entry rules:
· enter "Lycra & reg; If the contestants are under 18 years old, they must be accompanied by their parents or guardians (only one person) to participate in the semi-finals* Cheng (May 12), Guangzhou (May 18), Beijing (May 23), Hangzhou (May 30) and Shanghai (June 5)
· shangteng entertainment is responsible for the round-trip tickets (hard sleeper train tickets or equivalent transportation) from the selection place to Shanghai, the transportation in Shanghai that shangteng Entertainment considers necessary, the transportation in Shanghai, the training in Shanghai, the training in Shanghai Basic accommodation ring the competition in Shanghai. Players need to bring their own daily necessities (such as daily changing clothes, performance clothes and CD listening, etc.)
· all players must comply with all activities arranged by shangteng entertainment, such as training, rehearsal, competition, promotion and shooting
· all contestants must agree to use the personal data provided by shangteng entertainment and the data obtained ring training and competition for publicity, promotion, training, competition and television broadcasting
· all contestants must agree that shangteng entertainment can distribute their personal data and information obtained ring training and competition to the press, other media, advertisers, competition judges and the public
· ring the competition, all competitors must only be interviewed by the press or other media arranged by shangteng entertainment, not by the press or other media without permission; Except for shangteng Entertainment's consent or requirements, all players must keep the competition process and related contents strictly confidential and shall not disclose them to the press, other media, the public, relatives and friends or any other third party
· shangteng entertainment has the right to eliminate the unqualified competitors at any time through any level of competition or any other way arranged by it ring the training period without any explanation.