Venezuelan virtual currency Petro
The emergence of virtual currency is inseparable from the transaction, then you can get the price difference
But no matter which side is right, as a kind of virtual currency, its existence form has irreconcilable conflict with the legal sovereign currencies of various countries, and now the leading bitcoin price plummets, the final result can not be avoided. Juhui foreign exchange Xiaobian thinks that it is better to choose a reliable way of investment than to go on the hopeless roadInternet financial access threshold is low, only with a computer, a set of 200 yuan to purchase the source code can build a P2P network loan platform, so inevitably there are some swindlers using P2P network loan platform malicious fraud run events, causing huge losses to investors. Using the Internet to carry out illegal activities may involve the following crimes:
1. Article 176 of the criminal law [crime of illegally absorbing public deposits]
Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thus disrupting the financial order, shall be sentenced to fixed-term imprisonment of not less than three years or criminal detention and shall also, or shall only, be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph< Article 192 of the criminal law [crime of fraud in fund raising]
Whoever illegally raises funds by means of fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property< On June 4, 2010, the people's Bank of China issued the administrative measures for payment services of non-financial institutions (No.2 [2010]). Article 1 of the measures stipulates that the purpose of the measures is to promote the healthy development of the payment service market and regulate the payment service behavior of non-financial institutions, To prevent payment risks and protect the legitimate rights and interests of the parties
Article 2 of the measures specifies that the term "non-financial institution payment service" as mentioned in the measures means that non-financial institutions, as intermediaries, provide some or all of the following monetary fund transfer services: (1) online payment 2 Issuance and acceptance of prepaid card 3 Bank card receipt 4 Other payment services determined by the people's Bank of China. The term "network payment" as mentioned in the Measures refers to the behavior of transferring monetary funds between payees and payers relying on public network or private network, including currency exchange, Internet payment, mobile phone payment, fixed phone payment, digital TV payment, etc. The term "prepaid card" as mentioned in these Measures refers to the prepaid value of goods or services issued for profit and purchased outside the issuing institution, including prepaid cards issued in the form of cards, passwords, etc. by adopting magnetic stripe, chip and other technologies. The bank card acquiring as mentioned in the Measures refers to the behavior of collecting monetary funds for special merchants of bank cards through point of sale (POS) terminals The administrative measures for payment services of non-financial institutions is an important regulatory regulation for third-party payment
[editor's note] since then, although the measures for the management of prepaid card business of Payment institutions, the measures for the deposit and management of customer provisions of Payment institutions, the measures for the management of bank card acquiring business of Payment institutions, and the measures for the management of Internet payment business of Payment institutions have been promulgated successively "Guidance on the development of mobile payment business" and other specific payment business management provisions, but the relevant provisions are based on the management measures in 2010, and the institutional framework of third-party payment has not changed fundamentally< On August 23, 2011, China Banking Regulatory Commission (CBRC) issued the notice on risk warning of Renren loan (No.254, 2011), which pointed out that under the current situation of tight bank credit, the credit service intermediary companies of Renren loan (P2P) are developing rapidly. This kind of intermediary company collects information of borrowers and lenders, evaluates borrowers' collateral, such as real estate, automobile, equipment, etc., and then matches them, and charges intermediary service fees. The media have made a lot of reports on the operation and influence of such intermediary companies, which has aroused much attention. In this regard, the CBRC organized a special investigation, found a large number of potential risks and gave tips. Thus, the notice is only a risk warning document for Renren loan
at the inter ministerial joint meeting of nine ministries and commissions on the disposal of illegal fund-raising held on November 25, 2013, the central bank clearly defined the illegal fund-raising behavior of P2P online lending instry, which mainly includes three types of situations: fund pool mode; fund pool mode; fund pool mode; The risk of illegal fund-raising caused by unqualified borrowers and Ponzi scheme< The securities and Exchange Commission (SEC) recently approved the draft regulation on crowdfunding. Crowdfunding for the public was approved by the "jumpstart
our business startups act" (jobs act) in early 2012, that is to say, crowdfunding for all kinds of projects on the Internet The fund-raising of enterprises and even companies is confirmed by law. This is an important measure taken by the US government to regulate crowdfunding< On September 16, 2013, China Securities Regulatory Commission (CSRC) announced that some companies on taobao.com were suspected of issuing stocks without authorization and called a halt. The suspension is based on the notice of the general office of the State Council on severely cracking down on issues related to illegal issuance of shares and illegal operation of securities business (GBF [2006] No. 99), which stipulates that "any shareholder of a company is strictly prohibited from transferring shares to the public by himself or by entrusting others in an open manner". So far, it is known as Chinese style "crowdfunding", that is, the behavior of issuing shares to the public by using the network platform is defined as "illegal securities activities" for the first time. Although the crowdfunding model is concive to solving the financing problem of small and medium-sized micro enterprises, considering the current legal framework, domestic crowdfunding websites can not simply the American model, and must find a crowdfunding road suitable for China's national conditions
according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of criminal cases of illegal fund-raising, crowdfunding mode is almost easy to press the red line of violation in form, that is, without permission, through the website public recommendation, promise a certain return, and absorb funds from non-specific objects, which constitutes illegal fund-raising. The United States legislates for crowdfunding. We can learn from the jobs act of the United States to regulate the crowdfunding model, but it still needs a graal process<
[editor's note: on March 31, 2014, the Supreme People's court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the opinions on Several Issues concerning the application of laws in handling criminal cases of illegal fund-raising, which should also be paid attention to]
4. Regulations on virtual currency
June 4, 2009, The Ministry of culture and the Ministry of Commerce jointly issued the notice on strengthening the management of online game virtual currency (Wen Shi Fa [2009] No. 20), which stipulates that the market access should be strictly enforced and the management of the issuers of online game virtual currency and the providers of online game virtual currency trading services should be strengthened. Engaging in "online game virtual currency trading service" business must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to legal currency purchase, online game operation enterprises shall not provide online game virtual currency to users in any other way. On July 20, 2009, the Ministry of Culture issued the declaration guide for "online game virtual currency issuing enterprises" and "online game virtual currency trading enterprises", which provides operational guidance rules for the declaration and approval work of operating Internet cultural units applying for "online game virtual currency issuing services"< On September 28, 2008, the State Administration of Taxation issued the official reply on the issue of personal income tax on the income of indivials from buying and selling virtual currency through the Internet (Guo Shui Han [2008] No. 818), which clarified the tax treatment of virtual currency, that is, the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of indivial income tax, The indivial income tax shall be calculated and paid according to the item of "income from property transfer"
in short, the introction of a series of regulatory measures makes the regulation of virtual currency further clear, but the regulatory measures are only limited to the virtual currency in the game<
[editor's note: for the current popular bitcoin, the notice of the people's Bank of China, the Ministry of instry and information technology, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission on preventing bitcoin risks (Yin Fa [2013] No. 289) specifies: at this stage, the, All financial institutions and Payment institutions shall not price procts or services with bitcoin, buy or sell bitcoin or act as central counterparties, underwrite insurance business related to bitcoin or include bitcoin into the scope of insurance liability, and directly or indirectly provide customers with other services related to bitcoin, including bitcoin registration, trading, clearing, etc Settlement and other services; Accept bitcoin or use bitcoin as a payment and settlement tool; Carry out bitcoin and RMB and foreign currency exchange services; Carry out bitcoin storage, custody, mortgage and other services; Issuing financial procts related to bitcoin; Take bitcoin as the investment target of trust, fund, etc.]< On June 29, 2001, the people's Bank of China issued the Interim Measures for the management of online banking business, but it was abolished in 2007. On January 26, 2006, the CBRC promulgated the measures for the administration of e-banking business (Order No. 5 of 2006 of the CBRC). The e-banking business mentioned in the Measures refers to the use of communication channels or open public networks open to the public by commercial banks and other banking financial institutions, as well as the private networks established by banks for specific self-service facilities or customers, Banking services to customers. E-banking business includes banking business carried out by computer and Internet (hereinafter referred to as Internet banking business), banking business carried out by voice communication equipment such as telephone and telecommunication network (hereinafter referred to as telephone banking business), banking business carried out by mobile phone and wireless network (hereinafter referred to as mobile banking business), As well as other use of electronic service equipment and network, by the customer through self-service way to complete financial transactions of banking business The measures for the administration of e-banking is an important regulatory regulation for Internet banking<
[editor's note: China Banking Regulatory Commission, people's Bank of China: Notice on strengthening the management of cooperative business between commercial banks and third-party payment institutions (No. 10 [2014] of China Banking Regulatory Commission) puts forward specific requirements for cooperative business between commercial banks and third-party payment institutions]
6. Regulations on Internet insurance
September 20, 2011, China Insurance Regulatory Commission (CIRC) issued the "Notice of China Insurance Regulatory Commission on printing and distributing & lt& lt;/ SPAN> Measures for the supervision of Internet insurance business of insurance agents and brokers (for Trial Implementation); The purpose of the measures is to promote the standardized, healthy and orderly development of Internet insurance business of insurance agents and brokerage companies, and to effectively protect the investment risk
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