Difficulties of virtual currency cases
Publish: 2021-05-19 22:42:16
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 filedunder 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from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibility2. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
3. This is a relatively cutting-edge legal issue. There should be no relevant books, but I can provide you with some information
it should be in the past two weeks that the Korean court accepted a case concerning virtual currency and made a judgment to the effect that it recognized the legal status of virtual currency as private property of citizens. The private property of citizens is of course protected by law, and the court decides that the infringer loses. Then I remember that the article also mentioned that there is no case of virtual currency in China so far, so the judgment of South Korea can be said to be the initial attitude of the legal profession towards virtual currency
because it is on the mobile phone, there is no way to search the original text for you. That's all I remember. I hope it can help you.
it should be in the past two weeks that the Korean court accepted a case concerning virtual currency and made a judgment to the effect that it recognized the legal status of virtual currency as private property of citizens. The private property of citizens is of course protected by law, and the court decides that the infringer loses. Then I remember that the article also mentioned that there is no case of virtual currency in China so far, so the judgment of South Korea can be said to be the initial attitude of the legal profession towards virtual currency
because it is on the mobile phone, there is no way to search the original text for you. That's all I remember. I hope it can help you.
4. Is virtual property personal property? Are they also protected by law? A few days ago, a rare case of robbing virtual property told us the result: robbing virtual property was also convicted of robbery. Four teenagers used force to "snatch" an online player's online game equipment from an Internet cafe because of their infatuation with online games, Legal Daily reported. Then, the court found that the four defendants' robbery of virtual property constituted robbery, and sentenced them to three years' imprisonment and probation respectively, with a penalty of 5000 yuan. The judgment of this case marks that the protection of virtual property has gone from virtual property to reality< With the popularity of the Internet, online games have become an important part of young people's leisure and entertainment life, and the virtual goods formed by the direct exchange of real currency have a huge amount of property value. Subsequently, the cases of virtual property infringement are increasing
among them, the most serious case is the theft of virtual property. According to xinhuanet.com, Xiao Zhang, who is a junior this year, is an old player of the online game "dream journey to the west", but his online game equipment worth more than 30000 yuan was stolen overnight“ After the "theft case" happened, Xiao Zhang immediately took action, but the embarrassment was that he wanted to protect his rights, but it was difficult to do so. On the one hand, Xiao Zhang reported the case to the public security organ at the first time, but the public security organ refused to file the case because there was no clear provision in the law; On the other hand, Xiao Zhang contacted the game supplier, but Netease's reply was that this was a theft and should be reported to the public security organ first
coincidentally. In the virtual network world, QQ number theft is often encountered by users, and after the encounter, we often have nothing to do, more unexpectedly, it may also involve huge economic losses. According to the news morning post earlier, netizen Chen Xuejun found that a large number of netizens on his QQ number "98888" began to drop off the line. Within a few minutes, "98888" also dropped off the line and could not log in any more. Among his own QQ numbers, 46 were "hacked" one after another. Later, Chen Xuejun went to the police station of Shenzhen Public Security Bureau's high tech park to report the case. It is estimated that the 46 QQ numbers he lost were worth 600000 yuan
there are also some cases that show that if consumers can prove that the loss of virtual property causes damage to the real property rights, then the property rights are still protected by law. However, in such cases, e to the changeability of electronic evidence, its evidence effect is often greatly weakened, and e to technical reasons, many victims are difficult to collect enough evidence, which makes the relevant rights and interests protection more difficult
these events reflect that the protection of network virtual property is not perfect. Besides the loss of money, the biggest pain for users is anger and regret, and the greater embarrassment comes from the fact that it is difficult to protect their rights<
virtual property is also the legal property of citizens, which can not be infringed.
Ye Zhinian, associate professor of China University of political science and law, once wrote an article, pointed out that online virtual property can be purchased directly from game developers, or obtained from the virtual currency market, so virtual property has the attribute of general commodity, and its real value is self-evident
in this case, the virtual property that costs users a lot of time, effort and money should also be protected citizen property. But in contrast, players are "Heroes" in the virtual world and consumers in the real world, but they are often "weak" in the real world. The collision between virtual wealth and the real world is truly reflected here.
among them, the most serious case is the theft of virtual property. According to xinhuanet.com, Xiao Zhang, who is a junior this year, is an old player of the online game "dream journey to the west", but his online game equipment worth more than 30000 yuan was stolen overnight“ After the "theft case" happened, Xiao Zhang immediately took action, but the embarrassment was that he wanted to protect his rights, but it was difficult to do so. On the one hand, Xiao Zhang reported the case to the public security organ at the first time, but the public security organ refused to file the case because there was no clear provision in the law; On the other hand, Xiao Zhang contacted the game supplier, but Netease's reply was that this was a theft and should be reported to the public security organ first
coincidentally. In the virtual network world, QQ number theft is often encountered by users, and after the encounter, we often have nothing to do, more unexpectedly, it may also involve huge economic losses. According to the news morning post earlier, netizen Chen Xuejun found that a large number of netizens on his QQ number "98888" began to drop off the line. Within a few minutes, "98888" also dropped off the line and could not log in any more. Among his own QQ numbers, 46 were "hacked" one after another. Later, Chen Xuejun went to the police station of Shenzhen Public Security Bureau's high tech park to report the case. It is estimated that the 46 QQ numbers he lost were worth 600000 yuan
there are also some cases that show that if consumers can prove that the loss of virtual property causes damage to the real property rights, then the property rights are still protected by law. However, in such cases, e to the changeability of electronic evidence, its evidence effect is often greatly weakened, and e to technical reasons, many victims are difficult to collect enough evidence, which makes the relevant rights and interests protection more difficult
these events reflect that the protection of network virtual property is not perfect. Besides the loss of money, the biggest pain for users is anger and regret, and the greater embarrassment comes from the fact that it is difficult to protect their rights<
virtual property is also the legal property of citizens, which can not be infringed.
Ye Zhinian, associate professor of China University of political science and law, once wrote an article, pointed out that online virtual property can be purchased directly from game developers, or obtained from the virtual currency market, so virtual property has the attribute of general commodity, and its real value is self-evident
in this case, the virtual property that costs users a lot of time, effort and money should also be protected citizen property. But in contrast, players are "Heroes" in the virtual world and consumers in the real world, but they are often "weak" in the real world. The collision between virtual wealth and the real world is truly reflected here.
5.
According to the market database of digital currencies in the UK, there are 10 kinds of digital currencies with "bitcoin" in their names. It's OK to call it bitcoin. But now the mainstream of the transaction is bitcoin, accounting for 33.92%
source: all digital currency quotes
6. It's illegal to steal mines. If there is a large number of mines, someone will take charge of you and sincerely help you,
7. In 2010, Chinese economist Guo Xia pointed out in his book decoding economy (published by Economic Science Press in August 2010) according to the theory of new money (XM), "the mainstream currency of human society in the future will have the characteristics of digital currency, electronic currency and global currency."“ The future world currency will be a consistent digital currency system in the world. "“ The mainstream currency in the future will be bitcoin, which is convenient for economic activities on the Internet. "“ New economics should take the research on new money as the focus of monetary economy research. " Bitcoin and virtual digital currency are popular all over the world. The fact that the Central Bank of China has set up the digital currency Research Institute confirms the above prediction of the new economic theory
8. Of course, it's possible. The price changes rapidly. There will be a price difference if there is an occasional fluctuation. Where there is a price difference, there will be arbitrage. The price difference we see is flat at the moment, which is the result of arbitrage< There are two difficulties:
1. The reason is that only big funds can have considerable income, and only big funds can arrange deposits in various accounts. Buy this box and sell that one. You can refer to the previous use of Alipay (balance treasure) transfer does not require fees, because Celestica's large amount of funds stored in various banks, the daily customer hedging results. And this kind of business can only be completed with large capital
2. Speed. Arbitrage opportunities are fleeting, so only fast can seize the opportunity. The reason why Everbright's ETF was able to arbitrage before, and after oolong, it was able to inject so much capital into the market in a short period of time. Without it, it is only quick. It is said that in order to compete for this kind of safe arbitrage means, the competitors have reached the point of "competing physical distance".
1. The reason is that only big funds can have considerable income, and only big funds can arrange deposits in various accounts. Buy this box and sell that one. You can refer to the previous use of Alipay (balance treasure) transfer does not require fees, because Celestica's large amount of funds stored in various banks, the daily customer hedging results. And this kind of business can only be completed with large capital
2. Speed. Arbitrage opportunities are fleeting, so only fast can seize the opportunity. The reason why Everbright's ETF was able to arbitrage before, and after oolong, it was able to inject so much capital into the market in a short period of time. Without it, it is only quick. It is said that in order to compete for this kind of safe arbitrage means, the competitors have reached the point of "competing physical distance".
9. I don't know if I can surpass it, but the total amount of Ethereum is unlimited, which is really good
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