Virtual currency judging pyramid selling
Publish: 2021-05-17 21:44:10
1. May involve illegal fund-raising and pyramid selling and other related criminal crimes
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
2.
Virtual currency is not MLM
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency of Tencent company, q-point, voucher of Shanda company, micro currency launched by Sina, chivalrous Yuanbao, silver pattern. Digital currencies include bitcoin, Wright coin, infinite coin, quark coin, zeta coin, barbecue coin, penny coin, invisible gold bar, red coin and prime currency. At present, hundreds of digital currencies are issued all over the world
network virtual currency can be roughly divided into
the first category is the familiar game currency. In the era of stand-alone games, the protagonist accumulates money by knocking down the enemy, entering the gambling house to win money, and using these to buy Herbs and equipment, but it can only be used in his own game console. At that time, there was no "market" between players. Since the establishment of Internet portal and community, the realization of game networking, virtual currency has a "financial market", players can trade game currency
the second type is the special currency issued by the portal website or instant messaging service provider, which is used to purchase the services in the website. The most widely used is Tencent's q-coin, which can be used to purchase membership, QQ show and other value-added services
the third kind of virtual currency on the Internet, such as bitcoin and Wright currency. Bitcoin is an electronic currency proced by open-source P2P software. Some people also translate bitcoin as "bitcoin", which is a kind of network virtual currency. It is mainly used for Internet financial investment, and can also be directly used in daily life as a new currency
< H2 > reference: virtual currency network3. China has banned these virtual currencies< (2) no organization or indivial is allowed to illegally engage in token issuance and financing activities
from the date of this announcement, all kinds of token issuance and financing activities shall be stopped immediately. Organizations and indivials that have completed the token issuance and financing should make arrangements such as refund, reasonably protect the rights and interests of investors, and properly handle risks. Relevant departments will seriously investigate and deal with the activities of token issuance and financing that refuse to stop and the illegal behaviors in completed token issuance and financing projects< Fifth, the public should be highly alert to the potential risks in the financing and trading of token issuance
there are multiple risks in the financing and trading of token issuance, including the risk of false assets, the risk of business failure, the risk of investment speculation and so on. Investors should bear the investment risk on their own, and hope that the majority of investors will be wary of being cheated
for all kinds of illegal financial activities carried out by using the name of "currency", the public should strengthen the awareness of risk prevention and identification ability, and timely report relevant illegal clues< br />2017-09-04
from the date of this announcement, all kinds of token issuance and financing activities shall be stopped immediately. Organizations and indivials that have completed the token issuance and financing should make arrangements such as refund, reasonably protect the rights and interests of investors, and properly handle risks. Relevant departments will seriously investigate and deal with the activities of token issuance and financing that refuse to stop and the illegal behaviors in completed token issuance and financing projects< Fifth, the public should be highly alert to the potential risks in the financing and trading of token issuance
there are multiple risks in the financing and trading of token issuance, including the risk of false assets, the risk of business failure, the risk of investment speculation and so on. Investors should bear the investment risk on their own, and hope that the majority of investors will be wary of being cheated
for all kinds of illegal financial activities carried out by using the name of "currency", the public should strengthen the awareness of risk prevention and identification ability, and timely report relevant illegal clues< br />2017-09-04
4. Identifying whether virtual currency is a pyramid scheme is a bit of a bluff
the purpose of offline development and the t of high return is MLM
for MLM, you can refuse to join.
the purpose of offline development and the t of high return is MLM
for MLM, you can refuse to join.
5. To judge whether it is MLM or not, we need to analyze the legal connotation of this behavior from a legal point of view. If the following conditions are met, it belongs to MLM< According to the "Regulations on the prohibition of pyramid selling":
Article 2, pyramid selling refers to that the organizer or operator's development personnel seek illegal benefits by calculating and paying remuneration to the developed personnel based on their number of directly or indirectly developed personnel or sales performance, or requiring the developed personnel to obtain the qualification of joining in the condition of paying a certain fee, Disturbing economic order and affecting social stability< Article 7 the following acts belong to pyramid selling:
(1) organizers or business operators, through development personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developed personnel based on the number of personnel developed directly or indirectly, so as to seek illegal benefits
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
in the regulations on the prohibition of pyramid schemes, the concept of hierarchical relationship is repeatedly mentioned. The hierarchical relationship formed by certain rules is only a phenomenon in many pyramid schemes. It must be related to the illegal possession of other people's property before it can be suspected of pyramid schemes.
Article 2, pyramid selling refers to that the organizer or operator's development personnel seek illegal benefits by calculating and paying remuneration to the developed personnel based on their number of directly or indirectly developed personnel or sales performance, or requiring the developed personnel to obtain the qualification of joining in the condition of paying a certain fee, Disturbing economic order and affecting social stability< Article 7 the following acts belong to pyramid selling:
(1) organizers or business operators, through development personnel, require other personnel developed by the developed personnel to join, and calculate and pay remuneration (including material rewards and other economic benefits, the same below) to the developed personnel based on the number of personnel developed directly or indirectly, so as to seek illegal benefits
(2) the organizer or business operator, through the developer, requires the developed person to pay fees or pay fees in disguised form by way of subscribing for commodities, so as to obtain the qualification of joining or developing other persons to join and seek illegal interests
(3) the organizer or business operator, through the development personnel, requests other personnel developed by the development personnel to join, forms the relationship between the upper and lower line, and calculates and pays the online remuneration based on the sales performance of the lower line, so as to seek illegal interests
in the regulations on the prohibition of pyramid schemes, the concept of hierarchical relationship is repeatedly mentioned. The hierarchical relationship formed by certain rules is only a phenomenon in many pyramid schemes. It must be related to the illegal possession of other people's property before it can be suspected of pyramid schemes.
6. As if it were
the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud. The general public should raise their risk awareness, invest rationally and prudently, and prevent their interests from being damaged
the legal currency of China is RMB. RMB shall be uniformly printed and issued by the people's Bank of China. No unit or indivial may refuse to pay all public and private debts within the territory of China in RMB. The general public should establish a correct concept of currency, take good care of RMB and jointly maintain the normal circulation order of RMB
the functions of the monetary gold and silver Bureau of the people's Bank of China include the formulation and implementation of relevant monetary issuance and gold management measures; Undertake RMB management and anti-counterfeiting work.
the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud. The general public should raise their risk awareness, invest rationally and prudently, and prevent their interests from being damaged
the legal currency of China is RMB. RMB shall be uniformly printed and issued by the people's Bank of China. No unit or indivial may refuse to pay all public and private debts within the territory of China in RMB. The general public should establish a correct concept of currency, take good care of RMB and jointly maintain the normal circulation order of RMB
the functions of the monetary gold and silver Bureau of the people's Bank of China include the formulation and implementation of relevant monetary issuance and gold management measures; Undertake RMB management and anti-counterfeiting work.
7. Suspected of organizing and leading pyramid selling activities<
the Supreme People's court, the procuratorate and the Ministry of public security
opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities
GTZ [2013] No. 37
I. determination of the level and number of pyramid selling organizations
participants are required to pay fees or purchase goods, provide services and other business activities in the name of selling goods and providing services A pyramid selling organization that has obtained the qualification to join by service or other means, and formed a hierarchy according to a certain order, directly or indirectly taking the number of development personnel as the basis for remuneration or rebate, luring or intimidating the participants to continue to develop others to participate, defraud property, and disrupt the economic and social order, with more than 30 people participating in pyramid selling activities within the organization and with a hierarchy of more than three, The organizers and leaders should be investigated for criminal responsibility
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more, you can combine the number of people who have developed in each organization
if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving shall be calculated as the level and number of the development personnel
in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts.
the Supreme People's court, the procuratorate and the Ministry of public security
opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities
GTZ [2013] No. 37
I. determination of the level and number of pyramid selling organizations
participants are required to pay fees or purchase goods, provide services and other business activities in the name of selling goods and providing services A pyramid selling organization that has obtained the qualification to join by service or other means, and formed a hierarchy according to a certain order, directly or indirectly taking the number of development personnel as the basis for remuneration or rebate, luring or intimidating the participants to continue to develop others to participate, defraud property, and disrupt the economic and social order, with more than 30 people participating in pyramid selling activities within the organization and with a hierarchy of more than three, The organizers and leaders should be investigated for criminal responsibility
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more, you can combine the number of people who have developed in each organization
if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving shall be calculated as the level and number of the development personnel
in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts.
8. The business model of virtual currency is the same as that of MLM, and bitcoin is the most famous virtual currency
however, the attitude of regulators is clear. Whether it is genuine bitcoin, or a variety of derivative Shanzhai coins, there is no way to obtain legal living space at present. This is something we need to be clear about. If the platform goes out of business or the staff runs away, it is very likely that they will lose all their money and the losses they have suffered will not be protected by law
the promises they give you often make the participants pay money quickly. Behind them is the Ponzi scheme of "robbing the east to pay the west" + "cheating the white wolf with empty hands". They use the money of new investors to pay interest and short-term return to old investors, so as to create the illusion of making money and cheat more investment. When no new investors enter, the return of old investors collapses one after another, and it is often difficult to withdraw cash, or the website cannot be opened
in short, although the external form of virtual currency is ever-changing, it is not divorced from its essence of pyramid selling. The more investors put in, the greater the final loss, and the more serious the loss may be.
however, the attitude of regulators is clear. Whether it is genuine bitcoin, or a variety of derivative Shanzhai coins, there is no way to obtain legal living space at present. This is something we need to be clear about. If the platform goes out of business or the staff runs away, it is very likely that they will lose all their money and the losses they have suffered will not be protected by law
the promises they give you often make the participants pay money quickly. Behind them is the Ponzi scheme of "robbing the east to pay the west" + "cheating the white wolf with empty hands". They use the money of new investors to pay interest and short-term return to old investors, so as to create the illusion of making money and cheat more investment. When no new investors enter, the return of old investors collapses one after another, and it is often difficult to withdraw cash, or the website cannot be opened
in short, although the external form of virtual currency is ever-changing, it is not divorced from its essence of pyramid selling. The more investors put in, the greater the final loss, and the more serious the loss may be.
9. Departure: Shanghai Hongqiao Airport
destination: Shanghai Exhibition Center
Route 1: from Hongqiao Airport, take route 925 (Hongqiao Airport wusheng road Huangpi North Road (people's Square)) to Yan'an middle road Shaanxi North Road. About 12.97 km
Route 2: from Hongqiao Airport, take route 938 (yangjia Hongqiao Airport), About 11.53 km
route 3: starting from Hongqiao Airport, take route 806 (Lupu Bridge Hongqiao Airport), then transfer to route 57 (Qingshan road Huanghua Road (Long New Village) - Anyi road Tongren Road), and reach Anyi road Tongren Road, Arrive at Anyi road and Tongren Road. About 11.53 km
Route 4: start from Hongqiao Airport, take bus 938 (yangjia Hongqiao Airport), transfer to bus 936 at Hongqiao Road and Hongxu Road, then go down (Qingshan Road, Ziteng Road (Long New Village) - Century Park Subway Station), Arrive at Yan'an Middle Road, Shaanxi North Road. About 11.92 km
departure: Shanghai railway station
destination: Shanghai Exhibition Center
Route 1: start from Shanghai railway station, take route 955 (Shanghai railway station Jiyang Road), arrive at Shaanxi North Road, Nanjing West Road. About 2.94 km
Route 2: start from Hengfeng Road, Hanzhong Road, Take route 927 up (hengtong Meiyuan road Hongmei Road Yishan Road) to Beijing West Road and Shaanxi North Road. About 2.01km
route 3: from Tianmu West Road Gonghexin Road (Shanghai railway station), take route 41 down (Zhejiang North Road Tianmu East Road Longhua West Road Longhua Road (Longhua)), to Yan'an Middle Road, Shaanxi North Road. About 3.79km
Route 4: from South Square of Shanghai railway station, Take bus No.104 down (Shanghai Railway Station South Square Longhua West Road Longwu Road (Longhua)), and arrive at Shaanxi North Road Yan'an middle road. About 3.42 km
destination: Shanghai Exhibition Center
Route 1: from Hongqiao Airport, take route 925 (Hongqiao Airport wusheng road Huangpi North Road (people's Square)) to Yan'an middle road Shaanxi North Road. About 12.97 km
Route 2: from Hongqiao Airport, take route 938 (yangjia Hongqiao Airport), About 11.53 km
route 3: starting from Hongqiao Airport, take route 806 (Lupu Bridge Hongqiao Airport), then transfer to route 57 (Qingshan road Huanghua Road (Long New Village) - Anyi road Tongren Road), and reach Anyi road Tongren Road, Arrive at Anyi road and Tongren Road. About 11.53 km
Route 4: start from Hongqiao Airport, take bus 938 (yangjia Hongqiao Airport), transfer to bus 936 at Hongqiao Road and Hongxu Road, then go down (Qingshan Road, Ziteng Road (Long New Village) - Century Park Subway Station), Arrive at Yan'an Middle Road, Shaanxi North Road. About 11.92 km
departure: Shanghai railway station
destination: Shanghai Exhibition Center
Route 1: start from Shanghai railway station, take route 955 (Shanghai railway station Jiyang Road), arrive at Shaanxi North Road, Nanjing West Road. About 2.94 km
Route 2: start from Hengfeng Road, Hanzhong Road, Take route 927 up (hengtong Meiyuan road Hongmei Road Yishan Road) to Beijing West Road and Shaanxi North Road. About 2.01km
route 3: from Tianmu West Road Gonghexin Road (Shanghai railway station), take route 41 down (Zhejiang North Road Tianmu East Road Longhua West Road Longhua Road (Longhua)), to Yan'an Middle Road, Shaanxi North Road. About 3.79km
Route 4: from South Square of Shanghai railway station, Take bus No.104 down (Shanghai Railway Station South Square Longhua West Road Longwu Road (Longhua)), and arrive at Shaanxi North Road Yan'an middle road. About 3.42 km
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