The risk and prevention of virtual currency

1.

1、 Common analysis of virtual currency (1) bitcoin solution is designed and created by Japanese programmer Nakamoto (alias) in 2009, and it is the most successful and controversial network currency at present. Bitcoin scheme is based on P2P network architecture, which has been operating in the world, and can be used for all kinds of virtual and real goods and services transactions

In theory, if the existence of network currency affects the demand for the central bank's liabilities, and then interferes with the central bank's open market operation, it will have an impact on a country's monetary policy and price stability. However, from a practical point of view, the premise of network currency affecting price stability includes the following three aspects:

(1) from the analysis of the impact on the amount of money, although it is difficult to analyze the extent to which the network currency scheme creates money in the case of lack of information

However,
however, most Internet money systems operate in prepaid mode, that is, issuing Internet money when the real money is exchanged in and withdrawing money when the real money is exchanged out. In the famous network currency scheme, the supply of money is stable and the supply is small, but we still need to be vigilant whether it can ensure that the money supply will maintain a stable level in the long run, and the impact of the change of exchange rate between network currency and real currency

(2) from the analysis of the impact on the speed of money circulation, the use of cash and money statistics, the impact of the technological innovation brought by the network currency scheme on the speed of money circulation is not clear

as an Internet instry, it largely depends on the number of active internet currency scheme users. If the network currency is widely accepted, it will have a substitution effect on the real currency of the central bank, thus recing the use of cash in transactions
in this case, the scale of the central bank's balance sheet will be reced, and its ability to influence short-term interest rates will also be weakened. The central bank will need to fight against risks through ways such as setting minimum reserves for cyber currencies. Substitution effect will aggravate the difficulty of monetary statistics and affect the relationship between monetary statistics and inflation, which is not concive to the realization of long-term price stability. In addition, the issuance of network currency outside the central bank and the expansion of virtual credit will have an impact on the central bank's interest rate decision in the economy and weaken the central bank's monetary control

(3) from the analysis of the interaction between network currency and real economy, network currency can act as a real commodity trading medium and have an impact on real GDP

The influence of network money on real money supply depends on two aspects: one is the substitution effect of virtual economy on real economy; the other is the substitution effect of virtual economy on real economy; The second is the crowding out effect of Internet money on real money, that is, with the increase of the total amount of Internet money, the amount of cash held by the public in real life decreases, resulting in the decrease of cash / deposit ratio and the increase of money multiplier. In reality, the network virtual currency scheme will not affect the price stability at this stage, and the money flow speed will not be significantly affected in the short and medium term. However, the interaction between network currency and real economy deserves attention

(2) financial stability risk when the virtual currency scheme operates outside the banking system, the most important factor of financial instability lies in its connection with the real economy, namely exchange rate and exchange market. Obviously, the closed network currency scheme and the one-way flow network currency scheme are not affected, so we should focus on the two-way flow network currency scheme. The value of two-way network currency depends on the level of money supply and demand in the exchange market. A big difference between network currency and real currency is that the network currency scheme is not based on the country or currency region, and the influence of virtual economy intensity, trade or proction capacity on its exchange rate is limited. The price of virtual money and its fluctuation depend on five factors:

(1) money supply and other actions taken by currency issuers. For example: to achieve a fixed or semi fixed exchange rate by intervening in the market

(2) the network currency scheme shows network externality, and its monetary value depends on the number of users and merchants. As the number of consumers and businesses increases, their monetary value will increase accordingly. In addition, the exchange rate of network currency with small transaction volume fluctuates more

(3) the virtual community with clear and transparent policies and advanced security measures is easier to boost confidence and the currency is stronger

(4) the reputation of network currency issuers in fulfilling their commitments. There is no "lender of last resort" in the virtual community, and the trust gained by the issuer is crucial to the exchange rate of internet currency

(5)
speculation on the future value of Internet money and cyber attacks on virtual communities. Due to the immaturity of the system, low trading, speculative activities and network attacks, the two-way network currency scheme is inherently unstable
qualitative. At present, the trading volume of these network currencies is small and the correlation with the real economy is low, so the stability of the financial system will not be affected. However, if Internet money becomes a substitute for traditional money in the future, it will bring instability to the financial system and even distort the relative prices of goods and services. The impact of network currency system on the financial system largely depends on the number of active users and the number of merchants who are willing to accept virtual currency for real transactions. In addition, virtual currency has only exchange value and no use value. Generally, network currency is not based on assets with intrinsic value and is not supported by central bank credit. At present, these network monetary systems are not allowed to lend
or borrow funds, so it can not pose a threat to the stability of the financial system, but we should pay close attention to its development. If there is any change in the future, it will undoubtedly have an impact on the financial system

(3) stability risk of payment system

in a specific virtual community, virtual currency payment activities have evolved into a "real" payment system, facing typical risks related to the payment system: credit risk, liquidity risk, operational risk and legal risk. The nature, scale and ration of these risks are largely determined by the design of the system or the degree of lack of liquidity, so it is difficult for the network virtual currency scheme to avoid or control these risks. According to the core principles of payment system (CP) issued by the bank for International Settlements (BIS), the network virtual currency scheme does not conform to most of the contents of CP, and does not belong to the systemically important payment system. Therefore, it will not cause
or transmit shocks in the global financial system. At present, there is no systematic risk in the network currency system outside these virtual communities

2. Lack of corresponding supervision and protection mechanism

in the real economy, the central bank plays the role of lender of last resort and has no default risk, so it can take actions in the case of payment crisis or unpredictable liquidity shortage to avoid chain reaction. However, in the network virtual currency scheme
it is impossible to use network currency as settlement asset. Because network currency simply depends on the credibility of the issuer, it can not be widely accepted as a means of payment, so network currency can not be regarded as a safe currency. In addition, commercial banks are required to accept prudential supervision, which reces the possibility of default, and the security of money in commercial bank accounts is higher than that of network currency. A fundamental risk of network currency is that the settlement institution of network currency scheme is not subject to any supervision, no institution is responsible for its behavior, and there is no investor / depositor protection mechanism, which causes the user to bear all the risks

(4) risk of absence of supervision generally speaking, supervision lags behind the development of science and technology. The network virtual currency program was established in the late 1990s, but it was not until 2006 that some government agencies in the United States began to analyze these programs. Due to the lack of
supervision and the anonymity, invisibility and difficulty in tracking of its transactions, the network virtual currency scheme is very easy to be used by terrorist activities, fraud, money laundering and other illegal activities. At present, many government departments in many countries are considering whether to recognize or
legalize these virtual schemes and bring them into the scope of supervision, so as to support the innovation of currency and payment forms, protect the rights and interests of consumers and financial stability, and inhibit the use of virtual currency schemes to engage in criminal activities
at present, the uncertainty of the legal status of the virtual currency scheme may also bring challenges to the government authorities

(5) reputation risk of monetary authority the reputation of Monetary Authority (central bank) is the key factor to determine the effectiveness of monetary policy. The public's trust in fiat money is closely related to the image of the central bank, which pays close attention to its reputation. The ECB defines reputation risk as the risk of deterioration of reputation, credit or public image. As the network currency scheme is related to money and payment, it is generally believed that it belongs to the responsibility of the central bank, so we should be alert to the reputation risk it may bring to the central bank. However, in the case of small scale, the impact of the failure of the network currency scheme is limited, but its high volatility and instability also aggravate the possibility of failure and attract extensive media coverage. If the network currency is allowed to develop continuously without
regulation, the central bank may be considered as dereliction of ty and affect its reputation

(6) the risk of investors' loss
for exchange value, the public has a higher recognition of the investment value of network virtual currency, and it is investment based transactions that accelerate the formation of virtual currency market. Like other investment markets, participants in virtual money market will also face potential losses caused by market risk, credit risk and policy risk. Take bitcoin as an example: from 2009 to early 2010, bitcoin was worthless; In the summer of 2010, bitcoin trading began to enter the golden
period. As the supply was far less than the demand, the value of online trading began to rise. In early November, bitcoin was silent at 29 cents for many days, and then jumped to 36 cents; In February 2011, bitcoin continued to appreciate, and its exchange rate with us dollar
reached 1:1; In 2013, the price of bitcoin achieved a "Big Bang" growth, and hit US $1242 on November 29, 2013, surpassing the gold price of US $1241.98/ounce in the same period. Fierce price fluctuations make market participants face huge speculative risks. Unlike mature capital markets such as stocks and bonds, the depth of bitcoin market is insufficient, and it is mainly held in the hands of large investors with low degree of diversification. Bitcoin price is easily affected by large investors' buying and selling behavior, and also easily manipulated by speculators. At the same time, different countries have different attitudes towards bitcoin, Germany, the United States and other countries hold an open and supportive attitude, and Thailand, Brazil and other countries regard bitcoin related activities
as illegal. Every country's attitude and measures will have a significant impact on the price of bitcoin, especially in the short term

virtual currency is always inferior to real currency< br />

2. digital currency is abbreviated as digiccy, which is the abbreviation of "digital currency" in English. It is an alternative currency in the form of electronic currency. Both digital gold coin and cryptocurrency belong to digiccy
digital currency is a kind of unregulated and digital currency, which is usually issued and managed by developers and accepted and used by members of specific virtual communities. The European Banking authority defines virtual currency as a digital representation of value, which is not issued by the central bank or authorities, nor linked with legal currency. However, because it is accepted by the public, it can be used as a means of payment, or it can be transferred, stored or traded in electronic form
according to the notice on preventing the financing risk of token issuance, there is no approved digital currency trading platform in China. According to China's digital currency regulatory framework, investors have the freedom to participate in digital currency transactions at their own risk

warm tips: the above information is for reference only. Before investing, it is recommended that you first understand the risks existing in the project, and understand the investors, investment institutions, chain activity and other information of the project, rather than blindly investing or mistakenly entering the capital market. Investment is risky, so we should be cautious when entering the market
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4.

According to reports, hot concepts such as "original stocks, charity, consumer rebate, virtual currency" and "blockchain, crowdfunding" are often used as gimmicks by pyramid schemes. In 2017, in the cross-border network pyramid selling case of "Vicat" detected by Zhuzhou Public Security Bureau in Hunan Province, "Vicat" played with the concept of "virtual currency"

in September 2017, seven ministries and commissions, including the people's Bank of China, jointly issued an announcement, stressing that no organization or indivial may illegally engage in token issuance and financing activities. All banking institutions and non bank payment institutions shall not carry out business related to token issuance and financing transactions. The people's Bank of China pointed out in the relevant risk warning that it has not issued legal "digital currency", nor has it authorized any institution or enterprise to issue legal "digital currency". The so-called "digital currency" in the market are all non legal "digital currency". The so-called "digital currency" launched by some institutions and enterprises or the promotion of the central bank's issuance of "digital currency" are suspected of fraud or pyramid selling. Source: Legal Daily

5. Human flesh search is a kind of network query mechanism that uses human participation to provide pure search engine information. In short, the so-called "human flesh search" is a network way to search other people's privacy information. Obviously, human flesh search inevitably involves personal privacy, and the disputes about human flesh search are also legal issues. What legal issues does human flesh search touch? How can legal science diagnose human flesh search? From the definition and operation practice of human flesh search, the main motive of this engine technology is to mine other people's privacy information, which is also the main function of human flesh search. Therefore, human flesh search will first touch personal privacy. The right of privacy is one of the specific personality rights enjoyed by natural persons (citizens), which takes personal natural information and behavior information as the right object. The right to privacy is protected by law and shall not be infringed upon by others. The main forms of infringement of privacy are prying, leaking, spreading and abusing. Once the right of privacy is infringed, it constitutes a tort and should bear the corresponding tort liability. The activity mechanism of human flesh search is as follows: once the human flesh object is found, the Internet people can search its privacy information as widely as they can, and then provide search convenience for users. It can be seen that the privacy of those who are "human flesh" may be infringed
What's abominable is that human flesh search not only discloses other people's privacy, but also fabricates facts, insults, slanders, exaggerates and denounces human flesh objects. Such behavior can easily touch other people's right to reputation. The right of reputation is also one of the specific personality rights enjoyed by natural persons (citizens). It takes the rection of social evaluation as the judgment standard of infringement, and the main means leading to the rection of social evaluation are insult and slander. In the process of human flesh search, many netizens, out of indignation, describe the object of human flesh search poorly and speak rudely, and a large number of abusive and insulting words pervade the Internet. This will cause the adverse consequences of reputation damage to the parties. Whether the right of privacy is violated or the right of reputation is damaged, it will inevitably cause the loss of personality to the protagonist of "human flesh gate"

the harm of human flesh search is not limited to the direct infringement mentioned above. What's more serious is that with the help of human flesh search information, intrusive behaviors are implemented in reality, such as making harassing phone calls, posting newspapers with indecent words on the door, etc. Obviously, the harm of human flesh search has spread from cyberspace to the real world. Such a series of infringement followed, and finally staged China's "first case of human flesh search", the victims eventually sued the perpetrators and related websites in court, and finally won[ 1]

it is not difficult to see that human flesh search can almost be equated with tort. Many people even call for severe punishment of human flesh searchers, and even advocate banning human flesh search. It is true that legal science can diagnose specific cases of human flesh search, and can give legal technology analysis and value evaluation, but the emergence and development of human flesh search and its practice seem to prove that human flesh search is not only a legal problem. In the period of social transformation, especially the information explosion in the Internet age, people's curiosity about new things and the psychological depression accumulated by the fast-paced life are easy to break out instantaneously. Human flesh searchers would rather bear the pressure of legal risk and public opinion condemnation, but also play the Internet carnival that hurts the parties, and experience the stimulation brought by human flesh search game

despite the rapid development of human flesh search in China in recent years, foreign human flesh search has been growing healthily and soundly. It not only has considerable commercial profits, but also consciously abides by the legal rules, making human flesh search develop rationally along the road of legalization and commercialization, Its users naturally regard human flesh search as a normal and necessary human interactive help service. In contrast, in China, when people hear about human flesh search, they don't seem to regard it as a good thing at all. In most people's eyes, human flesh search may be a bad online game or a boring online farce. The reason why human flesh search is so biased is that the search engine is almost at the edge of the law

in fact, as a new thing, human flesh search should not be knocked down. We should dialectically analyze the advantages and disadvantages of human flesh search and comprehensively understand its impact on people and society. As a way to provide information, human flesh search undoubtedly provides convenience for Internet users in many aspects. With the development of society, it is a legitimate right for people to obtain and possess a certain amount of information, which is also an internal demand of people as a member of the social system. In the field of human rights and public interests, people not only have the right to know, but also have the right and obligation to exercise social supervision and public opinion supervision. When the infringement and even the criminal act or the events that affect the national interests and social interests occur, it is necessary to verify and condemn the parties. At this time, with the help of human flesh search, by absorbing the insiders to participate in the shortcut provided by information, the parties are often easy to be accurately "human flesh" out. The positive function of human flesh search is not only reflected in the supervision of the perpetrators of the search, such as looking for relatives and good people to find stakeholders in the action, human flesh search can also perform extraordinary, with the help of public power, effectively screen information resources, show the search results that people need. In addition, from the development practice of human flesh search, its function has not only been limited to the search of people, but also penetrated into the search field of other information, gathering netizens' enthusiasm and displaying its search skills

if we say that as a network search method or technology, human flesh search shows its value because of its positive functions, then people's use of human flesh search may make its own functions deviate from the track and slide into the negative field which is easy to cause condemnation and resentment. Judging from the cases of human flesh search that have happened in reality, the reason why human flesh search has encountered a lot of criticism is not that human flesh search itself has inherent infringement toxin, but that the operators of this game ignore the legitimate rights and interests of human flesh search objects, and consider the value of the event itself and the legitimacy of the rights and interests of search objects, It seems that netizens have shifted the balance of interests to the degree of condemnation of the event itself, and without thinking, they think that the value of condemning and exposing human flesh search objects is far more important than the protection of their legitimate rights and interests. At this time, the moral trial goes beyond the legal bottom line. When more and more people regard themselves as moral judges, the rights and obligations endowed by law are completely ignored. As a result, once encounter human flesh search events, often instantly gathered a large number of people, in full swing to expose the abominable face of human flesh search

at this moment, the search objects who have been collectively investigated and tried are undoubtedly suffering from privacy disclosure and rights erosion. The culprit of this result is not human flesh search, but all kinds of tort mentioned at the beginning of this article. In other words, it is not the human flesh search itself that leads to infringement, but the human flesh searcher's behavior angers the victim. To be fair, human flesh searchers are not born with infringement motivation. In many cases, human flesh searchers may not do it intentionally, but connive at the madness of human flesh searchers because of the lack of guidelines for their behavior. This is exactly the case in reality. The laws and regulations directly related to human flesh search are in a blank state. In case of infringement cases caused by human flesh search, we have to apply the general norms of tort liability. It can be said that human flesh search is drifting away from the edge of the law

is the "human flesh search", which is on the edge of the law, a ban or a legislative gap[ 2] According to the previous interpretation of the positive function of human flesh search, combined with the healthy operation practice of foreign human flesh search, starting from the development space and actual needs of human flesh search in China, rather than stifling this new thing by banning human flesh search, it is better to reasonably regulate the behavior of human flesh search through scientific legislation. This is almost a consensus[ 3] Moreover, from the perspective of the current legal norms, it is not lack of legal basis to identify the composition of tort. From the perspective of the general adjustment function of law, China's current law is not powerless in regulating the tort of human flesh search. The first case of human flesh search, which has made a judgment and has been partially implemented, also invokes the current tort legal norms. However, human flesh search as a type of network infringement, because of its own particularity, can not but urge legislators to pay special attention to its responsibility distribution

in this regard, an effective way should be to reasonably define the liability space of human flesh search infringement. In terms of the liability involved in human flesh search infringement, both the website and the specific behavior of human flesh search are likely to be responsible. However, the key to determine the subject of responsibility lies in the elements of responsibility. Therefore, it is very important to design the review system and imputation principle. According to the existing tort laws and regulations, the responsibility of the specific operators of human flesh search can be adjusted. There is no doubt that the organizers, privacy information providers and other forms of infringers who are in line with the composition of tort liability will be subject to tort liability. What kind of attitude should be adopted to determine the responsibility of the website? In view of the consideration of the overall development of the Internet and the positive function of human flesh search, it is more appropriate to impose the ty of ex post review on the websites involved in human flesh search. The so-called "post review" is mainly after the plaintiff considers that his rights and interests are infringed by the human flesh search behavior of the website and issues a relief request to him, or there is sufficient evidence to show that the website can take measures to stop it[ 4] It can be seen that the rule of review after the event contains the principle of fault imputation, that is, only when the website is at fault can it become the subject of liability and bear joint and several tort liability[ 5]

of course, from the perspective of legal norms of human flesh search, legislation should not only be limited to tort liability, but also make reasonable norms on the scope of application, search content, rights and obligations of relevant parties, supervision and management of human flesh search. Incidentally, some members of the Standing Committee and deputies of the National People's Congress have suggested that the criminal law should be used to regulate human flesh search and the criminal responsibility of the perpetrators of human flesh search should be investigated. The author does not agree with this. In recent years, human flesh search has just started in China, which is still a new thing. To deal with this means of network search, we should not completely eliminate human flesh search by means of strict prohibition, and we should not let human flesh search expand infinitely. However, as a legislative act, the regulation and adjustment of human flesh search behavior should be carried out step by step. According to the specific operation practice of human flesh search behavior, the corresponding legislation should be introced timely, instead of taking a heavy attack from the beginning, regarding human flesh search as a criminal tool and demoting the human flesh search actor as a "criminal". China's criminal legislation declares the principle of a legally prescribed punishment for a specified crime

6. It may be that the downloaded WiFi application causes problems with the network card driver. It is recommended that you uninstall the software, re install the network card driver and try again.

7. The first choice is the coin dragon net, and the user is also more, the feeling is still very stable and formal, with more convenient

8. It's also a blank.