Cases caused by 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
in the form of game fraud, game account theft, etc
As a proct of e-commerce, virtual currency is playing a more and more important role, and it is more and more connected with the real world. However, with the growth of virtual currency, the relevant laws and regulations are lagging behind, which has laid many hidden dangers. Since 2004, the discussion on whether virtual currency represented by Q currency will impact RMB has been concerned by all parties. But officials have not been clear about this. The trading mode of virtual currency also expanded rapidly. A series of events triggered the attention of the community to the virtual currency. People have expressed their views on it. Some people think that virtual currency will have an impact on RMB, so we should take compulsory measures to prohibit the issuance of virtual currency; Some people hold a reserved attitude that virtual currency will not have an impact on RMB and should not stifle the development vitality of commercial organizations too early. Zhang Jie of Huawei group thinks so
with the continuous progress of technology, electronic payment (including electronic money) not only changes people's payment habits, but also imperceptibly changes people's consumption habits and promotes the expansion of consumer credit. It is necessary to pay close attention to the innovation of the form, the evolution of the nature, the difference of the operation mode and the possible impact on the credit risk and moral hazard of this new thing, and properly supervise it. But the more important thing is to give the market main body corresponding development space, avoid strangling the development vitality of the corresponding business organization in the early stage of market development. Therefore, the best way to treat e-money is to observe its changes and strengthen research. In the face of such remarks as "q-coin impacts the RMB financial market", we need to discuss them in the context of scientific and technological progress. The key to understand the problem is how to design relevant policies and encourage the development of electronic payment instruments such as electronic money, rather than the harm of speculative virtual money and electronic money. We call for strengthening supervision
on November 1, 2005, Qiu Hui found that three of the company's online accounts with virtual currency were frozen, so he unfrozen the three accounts and bought all the company's game cards with the virtual currency of 1624 519 karat, worth more than 162000 yuan. Qiu Hui sold the game cards to others at a low price, making a profit of more than 150000 yuan. On June 28, 2006, when Qiu Hui was investigated by the company, he admitted most of the facts of the crime and returned 120000 yuan to the company. The rest of the money was wasted by Qiu Hui
after the trial and judgment of the court of first instance, Qiu Hui refused and appealed to the second intermediate people's court
after hearing, the second people's court held that Qiu Hui, as a manager of the company, took advantage of his position to embezzle the company's money, and the amount was huge. His behavior constituted the crime of embezzlement and should be punished according to law. The judgment of the first instance is correct and should be upheld< br /> http://www.fcx114.com/cxbg/7451.html
first, currency involves the sovereignty of independent countries. How can virtual currency trigger currency wars between different countries? Second, the scale of real physical money is huge, which has been accumulated for decades or even hundreds of years (for example, China's broad money MI has reached 140 trillion yuan of "Tianliang"). Even if virtual money is officially launched, do you think it will take decades to reach the scale of millions of yuan? Without scale, can we make big waves? Therefore, it is too biased to say that virtual currency will trigger a new round of currency war.
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
We should be familiar with virtual currency. Remember that the first virtual currency that came into our view should be & lt; QQ currency & quot;. At that time, through & lt; Q coin & quot; Buy a lot of game props, virtual clothing, or recharge some members and so on; Q coin & quot;. Then, with the continuous development of the network, e-commerce is becoming more and more popular. Many enterprises will trade goods on the network, and then trade directly on the network. At this time, the currency is used as the initial & lt; General equivalent;, In order to meet the virtual demand on the network, it is no longer necessary to appear in the form of real money, so virtual money emerges as the times require and becomes the main means of circulation of Finance and other businesses on the network{ RRRRR}
(2) enforcement should not be "shareholders can't withdraw their capital contribution arbitrarily". The company was established, and Wu, one of the shareholders (promoters), made capital contribution to avoid debts. Therefore, the company should be cancelled to withdraw Wu's capital contribution to repay debts
(3) the company can not be cancelled, but the equity of the company owned by Wu can be enforced.