Virtual currency dominance
It is illegal to issue virtual currency privately
According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues
extended data
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
market formation
the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time
With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imaginethe traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being
from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage
e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere
with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal
reference source: Network: virtual currency
1、 Different definitions:
1. Virtual currency:
virtual currency refers to non real currency
digital currency:digital currency is an alternative currency in the form of electronic currency. Both digital gold coin and cryptocurrency belong to digiccy
3. Cryptocurrency:
cryptocurrency is a kind of transaction medium that uses cryptography principles to ensure transaction security and control the creation of transaction units
4. Token (token):
a kind of article whose shape and size are similar to currency, but the scope of use is limited and has no currency effect, and its token is the homonym of token in English
Second, the characteristics are different:1; It can also be said that virtual currency is personalized currency. In another way, it can also be called information currency
2. Digital currency:
is an unregulated and digital currency, which is usually issued and managed by developers and accepted and used by members of specific virtual communities
Cryptocurrency:cryptocurrency is based on the decentralized consensus mechanism, which is opposite to the banking and financial system relying on the centralized regulatory system
4. Token (token):
usually needs to be exchanged for money, used in shops, playgrounds, mass transportation and other places, as a voucher to use services and exchange goods
extended data
at present, digital currency is more like an investment proct, because it lacks a strong guarantee agency to maintain its price stability, and its role as a value measure has not yet appeared, so it can not be used as a means of payment. As an investment proct, digital currency cannot develop without trading platform, operating company and investment company
digital currency is a double-edged sword. On the one hand, the blockchain technology it relies on has been decentralized and can be used in other fields except digital currency, which is one of the reasons why bitcoin is popular; On the other hand, if digital currency is widely used by the public as a kind of currency, it will have a huge impact on the effectiveness of monetary policy, financial infrastructure, financial market and financial stability
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
Because now people are influenced by some comments on the Internet, such as bitcoin, its value has increased many times since it came into being, people think that virtual currency should be a very promising thing, so many people follow suit
if you really have a lot of spare money, you can consider investing in some stable bonds, some science and technology innovation board and stocks, but don't invest too much in virtual currency strong>
money, in essence, is the contract of exchange right between owners. Different forms of money are unified in essence. In the past, e to people's unclear understanding of the nature of money, people mistakenly divided money into different categories from different angles, such as debt currency and non debt currency according to the commodity value of money, convertible currency and non convertible currency according to whether the exchange ratio of precious metals is agreed, etc
formally, according to the commodity value of money, it can be divided into physical money and formal money. Physical money itself is a special kind of goods, including the amount of value, such as sheep, precious metals, etc; The formal currency itself has no value, its value is contractual, only contractual value. The two forms are different, but they are unified in essence, that is, they are both agreed as the medium of exchange, and both have contractual value. The purchasing power of money depends on the contract value of money, but the purchasing power of physical money is also affected by its own commodity value. Generally, the commodity value of physical money is less than its contract value as money
in high school textbooks, the essence of money is interpreted as a general equivalent[ 3] This definition only starts from the function, in fact, it does not explain the essence of money, nor can it answer the inherent logical question, that is, why money can act as a general equivalent
for questions about the nature of monetary contract, please refer to monetary contract
secondly, virtual currency
refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
according to the notice and announcement issued by the people's Bank of China and other departments, virtual currency is not issued by the monetary authority, does not have legal compensation and mandatory monetary attributes, is not a real currency, does not have the same legal status as currency, cannot and should not be used as currency in the market, and citizens' investment and transaction of virtual currency are not protected by law.
in the future, blockchain will be applied in any field and bring great impact on human life. Blockchain technology is regarded as one of the main protocols of the next generation of value Internet. Blockchain technology will be useful in any field of proction and life that lacks trust. From digital currency to securities and financial contracts, health care, games, artificial intelligence, intelligent contracts, Internet of things, identity authentication, asset trading, e-commerce, social communication, file storage and other fields can be widely used
in the aspect of medical treatment
when the blockchain technology is used to save the personal medical records, there will be the historical data of personal medical treatment, which can be understood as the electronic medical records on the blockchain. In the future, there will be data for medical treatment or health planning, and the real master of this data is the patient himself, not the hospital or a third-party organization. In addition, these data have strong privacy, and the use of blockchain technology also helps to protect the privacy of patients
payment system
compared with the existing traditional payment system, blockchain technology can avoid the complex system, directly between the two sides of the transaction, does not involve intermediary institutions, even if part of the network is paralyzed, it will not affect the operation of the whole system. This method has the characteristics of low price, fast speed, and no intermediate fees
banking
as a digital, secure and anti-interference account, blockchain realizes the core function of Banking: the safe storage and transfer center of value. Some banks with keen sense of smell in the world have begun to actively plan to join the army of blockchain research and application in order to gain the initiative in the fierce competition in the future
identity authentication of blockchain
blockchain has the feature of being accessible to everyone. Everyone can query the block information in any place with network. The high transparency also makes blockchain full of charm. In the future, ID card and account book are basically not needed, because every identity information can be written into the blockchain. When you need to verify the information, you only need to look it up to find it
election
based on the voting transaction on the blockchain, it can be confirmed that no vote has been modified or deleted, and there will be no improper voting
Real Estate
blockchain technology can change the operation mode of the real estate market. It can combine many complex processes and cases that real estate companies usually deal with, speed up the transaction process, rece fraud, and provide more transparent and secure transactions for each participant. Provides a way to achieve paperless and fast trading needs
securities issuance and trading
the probability of various kinds of errors in general stock and other securities trading is too high, which requires manual correction, thus prolonging the time required for transaction settlement. Through the transaction of distributed ledger, the automation of the whole process can be realized, and the security and efficiency can be improved. The identity and transaction volume of the trading party are recorded on the blockchain in real time, with an open, transparent and traceable system. It is concive to the market maintenance of securities issuers and regulatory authorities, and can rece the occurrence of black box operation and insider trading
in the scenario of relatively closed, multi-party trust problems and carrying value transmission, blockchain has unique technical advantages and also shows unique charm, which has great application imagination space. At the current stage, blockchain is worth exploring in some scenarios.