Inheritance law virtual currency digital assets
fiat money: it means that it does not represent real goods or goods, and the issuer has not cashed the currency into physical obligation; A currency that becomes legal currency only by government decrees. The value of fiat money comes from the owner's belief that money will maintain its purchasing power in the future. Money itself has no intrinsic value, that is to say, when the paper money comes into being, legal tender is essentially the negotiable paper money stipulated by law
the legal currency of the people's Republic of China is RMB, and the people's Bank of China is the national authority in charge of the management of RMB, which is responsible for the design, printing and issuance of RMB—— From the Internet
e-money: in fact, it is the electronization of legal money, including our common bank card, online banking, e-cash, etc; There are also third party payments developed in recent years, such as Alipay and WeChat payment. No matter what the form of these electronic money is and through which institutions it circulates, its original source is the legal money issued by the central bank
virtual currency: virtual currency refers to non real currency, and its existing state is intangible. The most important difference between virtual currency and electronic currency in narrow sense is the difference of issuers. Virtual currency is the electronization of illegal currency, and its original issuer is not the central bank. For example, game currency, q-coin, and ticket counting are mainly limited to circulation in a specific virtual environment
digital currency: digital currency which applies the latest digital network technologies such as blockchain, has the characteristics of Distributed Accounting, unique encryption technology, decentralized settlement, etc. Of course, digital tools with these characteristics must be supported by national credit if they want to become sovereign currency or legal tender
therefore, digital currency must be currency; In today's social system, money must also be sovereign money or legal tender. Secondly, digital currency must have the basic attributes and main functions of currency.
Encrypted digital assets: encrypted digital currency is not issued by legal tender institutions and is not controlled by the central bank. It is based on the open source code of a group of equations calculated by computers all over the world. It is generated by a large number of operations of computer graphics card and CPU, and uses the design of cryptography to ensure the security of all aspects of currency circulation. The design based on cryptography can make the cryptocurrency only be owned by real users
encrypted digital asset is also a kind of gold existing in the network world, which is a kind of encrypted digital currency based on the block chain technology and using the digital encryption principle. In a sense, it has the same circulation function as ordinary currency. Encrypted digital assets apply blockchain technology to the global financial field, which makes consumers all over the world make business investment through encrypted digital assets, and create a new business model of win-win between investors and users, which is a trend for development
virtual currency:
virtual currency (enterprise currency) is self issued by companies or private indivials. It can be issued indefinitely, and it does not need to be obtained by solving the equation through the CPU program of computer graphics card. Because it can be issued unlimited according to the market demand, it does not have the value of collection and appreciation. There is no ore pool website, no original code. Price can be manipulated, mostly one-way relationship
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
Digital assets and digital currency are not the same thing
Digital assets refer to the non monetary assets owned or controlled by enterprises or indivials in the form of electronic data and held in daily activities for sale or in the process of proction. The emergence of digital assets benefits from office automation, digital assets rely on the development of electronic payment system, its prospects are predictable2. Digital currency
digital currency refers to the digitization of currency. Digitization doesn't mean scanning. This is just like digital signature. Digital signature does not mean scanning your signature into a digital image, or using the touchpad to obtain the signature, let alone your signature
digital currency is often mistaken for virtual currency. But virtual currency refers to non real currency. For example, when you play "Three Kingdoms" (game) or "grand Voyage", you have money, and that money is virtual. Of course, the virtual money will also have its real value
for example, if you buy her / his account from another player, you can get all the virtual assets of that player, and then it will be much easier for you to continue playing. Virtual money is not necessarily digital. For example, children play games with pebbles as virtual currency
extended data
characteristics of digital assets:
1. High price. Because these application software with special purpose is specially developed for a specific work, its cost is relatively high, and its price is not lower than the price of fixed assets of factory buildings
(2) strong attachment. Application software must be supported by computer hardware and system software in order to play its role3. Strong interaction. Even the simplest application software also has some interactive functions, such as the error prompt to the operator, which is the most basic advantage of IT instry procts
The quantity is infinite. Digital assets as assets are scarce (because not all enterprises or indivials can create digital assets), but its supply can be unlimited. However, tangible assets are always limited e to the limitation of property and storage space Cost decreasing. The proction cost of tangible assets is positively proportional to the proction quantity References:
Network: digital assets
Network: digital currency
as early as 2003, UNESCO clearly put forward in the Charter for the preservation of digital heritage that digital heritage is the unique knowledge and expression of human beings, which includes culture, ecation, science, management information and technology, law, medicine and other information existing in digital form, or converted from the existing similar mode into digital form
it is generally believed that digital heritage can be divided into material and spiritual categories. Material digital heritage refers to directly linked to property, such as Alipay balance, bitcoin and other virtual currencies. The spiritual ones are social accounts, personal files, etc., which are virtual properties formed by users who spend a lot of time and energy. They are not only the spiritual home of users' daily life, but also the spiritual comfort of relatives through inheritance< According to Article 127 of the general provisions of the civil law, "if there are laws on the protection of data and network virtual property, such provisions shall prevail."
in this regard, Chen Kai believes that the general provisions of the civil law have made principled provisions for the protection of virtual property“ When the definition and scope of virtual property have not been fully determined, it may be more appropriate to make provisions in principle. "<
after consulting relevant laws and regulations, the reporter found that the property law, inheritance law and relevant instructions only regulate the tangible property, and the inheritance of intangible property that may be involved in digital heritage can not be found<
Liu Junhai, director of the Institute of commercial law of Renmin University of China, pointed out that at present, China only takes a relatively conservative attitude towards this, affirming that data should be protected by law, but not affirming the independent civil rights to data“ China's current inheritance law only provides for the inheritance of physical property, but does not provide for the inheritance of virtual property on the Internet. As a result, it is difficult to realize the inheritance of digital heritage in essence, which needs to be revised in the future. "
e to the lack of clear legal provisions, at present, the treatment of digital heritage is mainly determined by Internet platform operators. This also lays a hidden danger for disputes
some scholars have proposed that e to the multiple attributes of communication and social accounts, such as personal privacy, user property and personality, the discussion of inheritance behind them needs to be more carefully grasped< Chen Kai pointed out to the reporter that at present, the virtual property written into the will as a legacy has some problems, such as difficult to confirm the ownership, difficult to find and difficult to transfer“ Because the virtual property is scattered in the servers of various operators, and some virtual properties, such as QQ space, are relatively private. "
it is understood that at present, the platform mainly has two ways to deal with the user's Digital Heritage: first, the user only has the right to use the account, while the network service provider has the ownership. At this time, the account cannot be inherited, and the network service provider can choose to close, delete or cancel the user's account; The second is that the user has the ownership, and the digital heritage can be inherited. At this time, the inheritance of digital heritage needs to provide a series of proof materials
in most cases, Internet companies stipulate that the ownership and use right of user accounts are separated. For example, Sina Weibo, Tencent QQ and other user service use agreements stipulate that if the user does not actually use the service within a period of time after applying for the service, the operator has the right to choose to recycle the user's nickname, account number or stop the service within the scope permitted by laws and regulations<
Liu Junhai believes that there are two aspects to deal with digital heritage: first, the platform should plan the rules of Digital Heritage Inheritance in detail, and make clear the process of inheritors inheriting digital heritage. When a successor appears, the platform has the obligation to assist the successor to inherit the digital heritage according to law. When dealing with digital heritage, the platform should fulfill the obligations of notice, disclosure, assistance and confidentiality, which are also the basic legal requirements to be followed when dealing with digital heritage. Secondly, in terms of legislation, it is suggested that the legislature should take the issue of digital heritage into consideration when amending relevant laws.
Yinying China takes the lead in introcing blockchain and digital currency into crowdfunding instry, digitizing real assets, and digital currency exists as the asset voucher of real assets.
encryption of digital assets is generally legal.