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Will the theft of virtual currency be registered

Publish: 2021-05-19 17:50:08
1.

It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity

it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested

with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational


extended information:

after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases

According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:

1

The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed

under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted

(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime

(2) the time limit for prosecution has expired

(3) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

2. A number of victims of virtual currency fraud cases distributed all over the country said that they were refused to file a case when reporting to the local police because virtual currency could not be valued and could not reach the starting loss amount of theft or fraud. This situation may be affected by the announcement on preventing the financing risk of token issuance issued by seven ministries and commissions on September 4, 2017 (hereinafter referred to as the announcement). Generally speaking, fraud and other crimes of infringing property rights have the starting point of "large amount" According to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases, indivials who defraud public or private property of more than 2000 yuan belong to "large amount". However, the announcement clearly pointed out that "any so-called token financing trading platform shall not provide pricing, information intermediary and other services for token or virtual currency." Therefore, it is difficult for the public security organs to recognize the price of virtual currency displayed on the trading platform, and to estimate the value of virtual currency when the victims encounter virtual currency fraud, so as to determine whether the case meets the filing standard.
3. U-coin has long been reported as a fraud by netizens. If you are cheated, you can go to the police, but the public security organ may not file a case. This kind of fraud involves a large number of people, a small amount of money, a wide range, and is difficult to solve. Most of the public security organs across the country just muddle along. However, once this kind of digital currency has caused serious adverse social effects, the public security organs will pay attention to it
it's better to stay away from this kind of digital currency. bitcoin, Leyte coin, doggy coin are normal digital currencies, and these digital currencies also have risks. The digital currency on coin Ying China platform is a kind of asset certificate, which will have fixed dividend income.
4. Receipts for purchases, phone records, telephone numbers, online remittance certificates of deposit, bank remittance bills are all information used by the police. The police will crack the case and look for evidence. You just need to call the police
5. Due to the lack of legal provisions, the handling of the theft of virtual property, which is different from the real theft, is very inconsistent in different places: some public security organs do not file a case, some impose a warning, fine or public security detention on the perpetrator in accordance with the relevant provisions of the regulations on the security protection of computer information systems and the administrative measures for the security protection of computer information network international networking; Some courts have convicted and sentenced the defendant for theft, while others think that this is not in line with the principle of a legally prescribed punishment for a specified crime. Because the virtual property such as q-coin has not been regarded as a property right in law, they have sentenced the defendant to the crime of obstructing the freedom of communication. Different courts have ruled that in online games, many game masters can sell these game coins after earning a lot of game coins. This also includes some network hackers who steal the QQ number and then the QQ coin bound with the QQ number. These people often change the stolen Q currency into game currency, and then change the game currency into Q currency to launder money, and then sell it for cash
case 1 recently, the court of Jinjiang District of Cheng sentenced Yang Xiaolong, a "cyber thief", to eight months' imprisonment for theft. Yang Xiaolong has repeatedly stolen the virtual currency in seven online game recharge accounts of a company in Cheng, and used the virtual currency to buy game cards to sell money, making an illegal profit of more than 1300 yuan

case 2: in a previous case of QQ number theft decided by Shenzhen intermediate people's court, the prosecutor initiated a public prosecution in accordance with the crime of theft. However, the judge held that QQ number has not been regarded as a property right in China's law, so it did not support the determination of theft and sentenced the defendant to the crime of obstructing freedom of communication
in case 3, ring the two periods of September 29, 2004 and August to October, 2004, many players in the online game "Dahua Xiyou II" (Netease operation) found their equipment stolen one after another. On November 9, 2004, Netease reported the case to the Internet Supervision Department of Guangzhou Public Security Bureau, and the police arrested the suspect while concting offline transactions. On December 25, 2005, Tianhe District Court of Guangzhou city declared him guilty of theft and fined him 5000 yuan. The defendant refused and appealed. At the end of March 2006, the second instance of Guangzhou intermediate people's court decided to reject the appeal and maintain the original judgment
in case 4, from March to July 2005, the defendants Zeng and Yang sold the cracked QQ number to others. The two defendants sold more than 160 QQ numbers and got more than 70000 yuan of stolen money. On November 28, 2005, Shenzhen Nanshan procuratorate sued Zeng and Yang for theft to Shenzhen Nanshan District People's court. Nanshan District People's court held a trial on December 9, 2005, and made a judgment on January 13, 2006. The two defendants were sentenced to six months' detention for the crime of infringing freedom of communication
is virtual property protected by law
no matter Tencent q-coin or Sina u-coin, they are just data symbols used to represent certain goods or services provided by an Internet manufacturer. So far, no bank has been involved in the launch of this "network virtual currency". Because there is some competition between manufacturers, their "network virtual currency" system is often independent of each other. Therefore, "network virtual currency" can not circulate in real society like RMB. In addition, the "network virtual currency" is only a kind of delivery voucher, and almost all manufacturers that launch the "network virtual currency" do not provide the service of "network virtual currency" cashing back. The two-way or even multi-directional circulation is the basis of money being able to act as a general equivalent. The characteristic of "one-way circulation" determines that "network virtual currency" cannot act as a general equivalent. Unless we can freely and legally convert this "delivery voucher" into real cash or electronic currency. Therefore, it is only a virtual property, not a real property, and can not be the object of legal protection in China
online virtual property theft, which is characterized by stealing and selling online game accounts of major online game companies, Tencent QQ coins and game equipment, is expanding and upgrading. This not only seriously damages the legitimate rights and interests of users, but also poses a great threat to the normal operation of Internet enterprises. Therefore, the case of network virtual property theft can be classified as theft, the victim can report the situation to the public security department, but there must be two kinds of proof to file a case: one is that the victim must prove that he really owns the virtual property, the other is that there is evidence to prove that his virtual property is really stolen. If two kinds of proof are available, and the suspect is found, he can be convicted. Because, at present, the National People's Congress has not legislated on this, and this kind of case belongs to special theft, that is, this kind of crime can be punished as theft

there are mainly three views on the legal attribute of network virtual property in the theoretical and judicial circles, namely, the theory of property rights, the theory of intellectual property rights and the theory of creditor's rights. Although the network virtual property is different from the general property, but in my opinion, it is intangible property. Article 75 of China's general principles of civil law clearly stipulates that "citizens' personal property includes citizens' lawful income, houses, savings, daily necessities, cultural relics, books and materials, trees, livestock, means of proction and other lawful property that are permitted by law to be owned by citizens."“ "Other legal property" can be interpreted broadly, and network virtual property such as q-coin and virtual weapons can be classified as "other legal property" because of their basic properties. Citizen's property includes both tangible and intangible. Network virtual property should be one of intangible assets. Q-coin can be purchased directly from game developers, or obtained from the virtual currency market, so it has the property of general commodity. But whether it is creditor's rights or property rights, or intellectual property rights, this issue is the root of the current judicial and academic disputes. Virtual property is a kind of property with legal significance, which should be protected by law. As a kind of intangible property, virtual property has its own unique attributes and characteristics, which is different from the traditional tangible property and intangible property. The protection of virtual property should not be included in the category of real right or creditor's right mechanically, so it is necessary to protect it by separate legislation. The acquisition of virtual property needs to pay the corresponding time, energy and money, which has the characteristics of virtual space, tradability, value and time limit. In the network virtual space and time limit, it reflects the property value of virtual property, and shows the actual material interests in real life. It is precisely because of the transaction and value of the virtual property, as well as the paid nature of the acquisition, that the virtual property has the property nature. On the other hand, virtual property can also be possessed, used, benefited and disposed, and become the object of legal relationship. Therefore, virtual property should be protected by property law. Can theft of virtual property be punished as theft? At present, there are many kinds of currencies in the virtual market, such as Tencent Q currency, internet currency, Netease bubble currency, Sina u currency, Warcraft currency, Paradise currency, Shanda counting, etc. Take Q coin as an example, the number of users provided by Tencent is more than 200 million. Instry insiders estimate that the domestic Internet has a virtual money market scale of several billion yuan per year. Although the virtual currency market has a large scale, but the virtual currency stolen, "Filing" still has no legal basis? Virtual currency itself has no other transaction function, so it can be said that virtual currency is not a property right recognized by law. However, with the unlimited issuance of q-coin and the constant limited consumption of virtual procts, it will lead to the relative surplus of q-coin and the inflation of virtual world. At present, it is urgent to standardize the order of the virtual currency market, instead of blindly "Filing" protection, so that the public feel that the virtual currency is equivalent to RMB. When the network virtual property is stolen and cheated, we can also use the criminal law to punish criminals. At present, the court for the crime of network virtual property, some to be punished by theft, some to violate the freedom of communication to be punished. One of the reasons for different approaches is the lack of unified qualitative analysis of network virtual property. If we define the network virtual property as a kind of property, these problems can also be effectively solved. For example, some people steal virtual property or cheat for the purpose of illegal possession. If the amount of theft or fraud reaches the standard of "large amount", their behavior can be defined as theft or fraud. Of course, when the actor steals the network virtual property, his intrusion into the computer system and other means may also violate the crime of destroying the computer information system and other crimes. The combination of means and purpose constitutes an implicated crime, which can be dealt with again. What is q-coin Tencent q-coin is a virtual currency that can be paid uniformly on Tencent website. The face values of q-coin are 1 yuan, 2 yuan, 5 yuan, 10 yuan and 20 yuan respectively. For the q-coin obtained by users using the application method of dialing voice call, the expression form of 1 yuan face value q-coin is a 12 digit number string, and the expression form of 2 yuan, 5 yuan, 10 yuan and 20 yuan q-coin is a 14 digit number string starting with 2, 5, 1 and 8 respectively. The applied q-coin can purchase a series of related services on Tencent website, and input the corresponding q-coin amount according to the corresponding prompt when purchasing. At present, q-coin card can be used to apply for QQ bank number, purchase QQ beautiful number, QQ member service, QQ dating, QQ greeting card and other services. According to Tencent, a series of wonderful personalized value-added services will be launched later. Zhao Yiyong (judge of Zhengzhou high tech Instrial Development Zone, master of law): Disputes between players and thieves and between players and operators caused by the theft of virtual property. Once the virtual property is stolen, it is often difficult for users to find the thief, or it is difficult to provide evidence although they can find it. Therefore, once the virtual property is stolen, they often ask the operator for assistance and provide evidence, and most of them directly resort to the court on the ground that the operator does not fulfill its security obligations. From a technical point of view, game operators have the ability to help players save historical data and prevent data loss; From a legal point of view, game operators are also obliged to save historical data, prevent data loss and reproce game data e to charging players. Because the relationship between users and game operators is a service contract, according to the basic principles of China's "contract law", if the user's loss is caused by the game operators' failure to fulfill their ty of care, or major defects in program technology, then the game operators should bear the liability for breach of contract, including compensation for losses, restitution, and continued performance. If the game operator has no fault and the loss is caused by the infringement of a third party, it should directly claim to the infringer
legislation of virtual property protection suggests that in the absence of legislation on virtual property protection in China, network enterprises should apply the form of instry self-discipline to protect the interests of users. At the same time, we should speed up the formulation of relevant legislation or judicial interpretation. The specific measures include: (1) giving virtual property a legal status from the level of judicial interpretation 2 Add criminal legislation to protect computer data 3 Standardize the order of virtual property transactions, and ensure the security of virtual property transactions. It is suggested that the best way to deal with virtual property is through legal means
6. Bitcoin, Ruitai coin, Laite coin and doggy coin are real digital cryptocurrencies with irreversibility. They are a decentralized distributed network, and it is difficult to trace stolen ones. However, foreign scholars have shown that they can be traced, but they are still in the theoretical stage at present. The last time Ethernet coin was stolen, it was a hard fork solution.
7. 1. Detailed introction of PI coin: pchainnetwork (PI) is a new type of native multi chain system, which makes it possible for large-scale instrial application of blockchain smart contract. The main technological innovations of pchainnetwork include: the world's first native multi chain supporting EVM, sharding consensus pipeline, smart contract of smart data, cross chain call and transaction< 2. Statistics of the total amount of PI currency: 2100 million PI
3. The latest opening price of PI currency: 165; 0.026078
4. PI currency market value evaluation:
24h, the highest: &; 026981
24h amount: 2.438 million
24h minimum: 165; 025931
24h: 165; 62902.59
7d was the highest: 165; 026659
the highest in history: 165; 1672
7d was the lowest: 165; 023335
the lowest in history: 165; 0.012983
crowdfunding price: $0.053300
return on Investment: - 93.01%

warm tips:
① the above explanation is for reference only, without any suggestions. The relevant procts are issued and managed by the corresponding platform or company, and our bank does not undertake the responsibilities of investment, cashing and risk management of the procts
② there are risks in entering the market, so investment should be cautious. Before making any investment, you should make sure that you fully understand the nature of the investment and the risks involved in the proct. After a detailed understanding and careful evaluation of the proct, you can judge whether to participate in the transaction

response time: July 14, 2020. Please refer to the official website of Ping An Bank for the latest business changes

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8. No case will be filed if it is less than 5000. The police also need to pay for the detection of a case. This is not a criminal case. With such a small amount of money, the cost of solving a case is much higher than the value you lost. Forget it. Don't bother the police. Besides, this thing is still a virtual currency, let alone bullshit. Evidence collection is a big trouble.
9. The virtual currency in the game is also a personal asset. It should be protected by law, but if the amount of money cheated is small, the police will not file a case even if they go to the police. There are two main reasons: first, the amount of money involved is too small to reach the standard of filing; But it is difficult to detect and waste manpower and material resources
not only the virtual currency in the game should be protected, but also bitcoin, Ruitai coin, Qianjin card and other digital cryptocurrencies should be protected by law. Zhou Xiaochuan, governor of the central bank, compares bitcoin to a tradable asset like a stamp. The central bank and other five ministries and commissions define bitcoin as a special Internet commodity.
10. No. In China, bitcoin trading is illegal, and public security organs are likely not to file a case
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