Is network property virtual currency a legacy
Publish: 2021-05-26 18:16:28
1. On September 4, 2017, seven ministries and commissions of the state issued the notice on preventing the financing risk of token issuance, which regulates the activities of token issuance. In the notice, the nature of all kinds of tokens and "virtual currency" is clearly defined: it is not issued by the monetary authority, has no monetary attributes such as legal compensation and compulsion, and does not have the same legal status as currency, It cannot and should not be used as currency in the market< However, 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
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 the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding 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
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it as a data or system function in a computer system. The author thinks that there is some irrationality in this way
first of all, in the notice on preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such 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 network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of 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 future
finally, from the relevant cases, we can also see the recognition of the property attributes of virtual currencies such as bitcoin in China's judicial practice.
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 the people's Republic of China refers to the act of deleting, modifying, adding or interfering with the functions of the computer information system in violation of the state regulations, resulting in the abnormal operation of the computer information system and serious consequences, or the act of deleting, modifying, adding 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
this crime is one of the crimes of impairing social management order in Chapter 6 of the criminal law, that is, the legal interests protected by this crime are actually the public order of our society, not the property interests of the digital currency holders. In fact, it denies the property value of digital currency, but only protects it as a data or system function in a computer system. The author thinks that there is some irrationality in this way
first of all, in the notice on preventing bitcoin risks issued in 2013, it is mentioned that bitcoin is not a real currency because it is not issued by the monetary authority and has no monetary attributes such 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 network virtual property has been made in principle, it can not be denied that it shows our attitude towards the protection of 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 future
finally, from the relevant cases, we can also see the recognition of the property attributes of virtual currencies such as bitcoin in China's judicial practice.
2.
Civil code (Draft)
Article 1122 estate is the personal legal property left by a natural person at the time of death, except for those that cannot be inherited according to the law or their nature
therefore, since the implementation of the civil code in 2021, the scope of heritage has been extended to the legal property of natural persons, and the legal parts of virtual currency and network property can be inherited
3. Virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, q-coin of Tencent company, q-point and voucher of Shanda company, micro currency launched by Sina (used for micro games, Sina reading, etc.), chivalrous Yuanbao (used for chivalrous road game), silver grain (used for bixue Qingtian game), and popular digital currencies in 2013 include bitcoin, Laite coin, infinite coin, quark coin, zeta coin, etc Barbecue coins, pennies (Internet), invisible gold bars, red coins, prime coins. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitcoin, Wright silver, infinite copper, pennies aluminum"
virtual property refers to the narrow sense of digital and non materialized property forms, including a series of information procts such as online games, e-mail, network paging, etc. Including the character image formed in the long-term virtual life, which can not be converted to the virtual property in real life and the narrow sense of digital and non materialized property form, it includes a series of information procts such as online games, e-mail, network paging, etc. However, e to the prevalence of online games, virtual property to a large extent refers to the property existing in the online game space, including the level of game account, game currency, various equipment owned by game characters, etc. these virtual property can be converted into real property under certain conditions.
virtual property refers to the narrow sense of digital and non materialized property forms, including a series of information procts such as online games, e-mail, network paging, etc. Including the character image formed in the long-term virtual life, which can not be converted to the virtual property in real life and the narrow sense of digital and non materialized property form, it includes a series of information procts such as online games, e-mail, network paging, etc. However, e to the prevalence of online games, virtual property to a large extent refers to the property existing in the online game space, including the level of game account, game currency, various equipment owned by game characters, etc. these virtual property can be converted into real property under certain conditions.
4. Of course, this is illegal. Online game virtual currency belongs to personal property and is protected by Chinese law
of course, bitcoin, Ruitai coin, Laite coin and vitality coin also belong to the category of virtual property and are protected by law.
of course, bitcoin, Ruitai coin, Laite coin and vitality coin also belong to the category of virtual property and are protected by law.
5. I don't know. I bought it on the 8th. It's the 11th today
you can't see it
you can't see it
6. Of course, virtual property includes digital currency, which is also a kind of virtual property. All laws on virtual property apply to digital currency
some time ago, the state has begun to legislate on digital currency, including QQ currency, bitcoin, Ruitai currency and other virtual properties.
some time ago, the state has begun to legislate on digital currency, including QQ currency, bitcoin, Ruitai currency and other virtual properties.
7. This is a controversial question, and we can't get a yes or no answer at present
although the criminal code does not explicitly include virtual property, there are many cases of infringement of citizens' virtual network property in practice. The final results of these cases are different, which reflects the different positioning and cognition of the network virtual property in the field of criminal law. In the online theft case of Shanghai Huangpu District People's Procuratorate v. Meng Dong and he Likang, published in the bulletin of the Supreme People's court, it is clear that if the virtual behavior carried out by the actor through the network causes harm to the object protected by the criminal law in real life and constitutes a crime, he should be punished; Some people think that it constitutes a crime of infringing the freedom of communication. The people's Court of Nanshan District, Shenzhen City, Guangdong Province (2006) Shen Nan FA Xing Chu Zi No. 56 ruled that Zeng Zhifeng and other people's behavior of secretly stealing other people's QQ numbers to sell profits constitutes a crime of infringing the freedom of communication; Others think that the equipment, gold coins and other items in online games are virtual property, and their legal attribute is computer information system data, which does not belong to the property protected by China's criminal law; There are also views that should be classified, for network identity authentication information theft should be identified as illegal access to computer information system data crime, for theft of virtual currency and virtual objects should be identified as theft
at the same time, it is worth mentioning that although there are differences in the criminal trial, the infringement of citizens' online virtual property, to a certain extent, violates the relevant provisions of the criminal law, and can certainly be investigated for criminal responsibility.
although the criminal code does not explicitly include virtual property, there are many cases of infringement of citizens' virtual network property in practice. The final results of these cases are different, which reflects the different positioning and cognition of the network virtual property in the field of criminal law. In the online theft case of Shanghai Huangpu District People's Procuratorate v. Meng Dong and he Likang, published in the bulletin of the Supreme People's court, it is clear that if the virtual behavior carried out by the actor through the network causes harm to the object protected by the criminal law in real life and constitutes a crime, he should be punished; Some people think that it constitutes a crime of infringing the freedom of communication. The people's Court of Nanshan District, Shenzhen City, Guangdong Province (2006) Shen Nan FA Xing Chu Zi No. 56 ruled that Zeng Zhifeng and other people's behavior of secretly stealing other people's QQ numbers to sell profits constitutes a crime of infringing the freedom of communication; Others think that the equipment, gold coins and other items in online games are virtual property, and their legal attribute is computer information system data, which does not belong to the property protected by China's criminal law; There are also views that should be classified, for network identity authentication information theft should be identified as illegal access to computer information system data crime, for theft of virtual currency and virtual objects should be identified as theft
at the same time, it is worth mentioning that although there are differences in the criminal trial, the infringement of citizens' online virtual property, to a certain extent, violates the relevant provisions of the criminal law, and can certainly be investigated for criminal responsibility.
8. Some netizens have asked this question before, and I'll paste my original answer for you, hoping to help you:
China's current law on the protection of network virtual property is still blank, and there is no clear provision
however, in judicial practice, the acquisition of virtual property requires players to spend a lot of time and energy, as well as the cost of surfing the Internet and buying game time. Even if the virtual property is traded, it also directly forms an equivalent relationship with currency. Therefore, in legal practice, the virtual property is not only a kind of virtual property, but also a kind of virtual property, Many cases involving network virtual property regard it as property that should be protected
you can go to the court to file a case, but you may not be able to find the legal basis. On November 9, 2004, the Internet Supervision Department of Guangzhou Public Security Bureau received a report from Guangzhou Netease Interactive Entertainment Co., Ltd., claiming that the game accounts of some players in their "Dahua Xiyou II" game were stolen. The police soon found out that a gamer named Yan Yifan started playing the online game "Dahua Westward Journey" in 2002. In 2004, Yan Yifan was employed for a short period of time and became a staff member of the 2nd anniversary celebration of Netease's "journey to the West II". Through the reception of game players, Yan Yifan got more than 30 player information. So he forged the ID cards of the players, faxed the copies of the fake ID cards back to Netease company, cheated Netease company into modifying the security codes of the players on the ground that the security codes were stolen. He took the new security codes and sold the "magic beast sword, spirit, monkey spirit, demon chopping sword" and other "equipment" of the players in several Internet cafes in Guangzhou, making a profit of nearly 4000 yuan. The case was adjudged by Guangzhou intermediate court, and Yan Yifan, an "Internet thief", was convicted of theft for stealing other people's online virtual property - online game "equipment"
from this case, the public security and judicial organs have recognized the value of network virtual property, which is a part of personal property< On the morning of January 26, 2007, Li Fu and Zhang Huaichang, who worked for a science and technology company in Nanjing, rushed to the Criminal Police Brigade of Suixi County Public Security Bureau to report the theft of 18 "Star Wars Eve" game cards they bought. It turned out that in 2003, they spent 24000 yuan to buy 24 game cards. In order to make the game cards appreciate as soon as possible, they opened an eve game studio in Suixi County in 2005 and asked someone to help them play the game together
after investigation, Wang Tao and Wang Dong are highly suspected“ I know why you're looking for me. I've stolen boss Li's "Star Wars Eve" game card password, a total of 18. " According to Wang Dong's explanation to the police, in November 2005, Wang Tao and Wang Dong brothers came to Li Fu's Eve game studio to help play games. Later, because of the payment problem, Wang brothers left the studio, but when they left, Wang Dong didn't get the salary of that month. In the early morning of December 6, 2006, Wang Dong cracked the passwords of Li Fu's 18 game card accounts and gave Wang Tao a password. Later, Wang Dong changed some of the equipment in six or seven accounts into game currency, and sold it for more than 400 yuan< There is no doubt that Wang Dong's behavior belongs to theft, but whether the theft of virtual property constitutes a crime has aroused great controversy. After hearing, the court held that virtual property, like light, electricity and heat, although it has no definite form, but it has certain property attributes. Therefore, virtual property can be included in the category of intangible property, which is in line with the definition of "other property" in Article 92 of the criminal law. The total value of the 18 game cards stolen by Wang Dong is 27375 yuan, which belongs to theft, and the amount is large. In view of Wang Dong's good attitude of pleading guilty, before the public security organs grasp the facts of his crime, he voluntarily surrenders himself and actively pays a fine, which can be dealt with with with with a lighter punishment as appropriate. Accordingly, Suixi County Court made the above judgment
3. In the first half of 2004, Zhao Ming, an online game player in Taihe County, Anhui Province, was surprised to find that a large number of "best game equipment" he had painstakingly purchased had been stolen. In order to make his loss not in vain, he sued the game operator Shanghai Shanda Network Development Co., Ltd. (hereinafter referred to as "Shanghai Shanda"). Although he is not a heavyweight opponent with Chen Tianqiao, the legal representative of Shanda company, one of China's richest people, Zhao Ming finally won the lawsuit< A few days ago, the people's Court of Taihe County made a judgment of first instance, ordering "Shanghai Shanda" to restore the 34 kinds of "weapons and equipment" lost by Zhao Ming to Zhao Ming's two categories within seven days from the effective date of the judgment. After that, the two sides reached a settlement through friendly negotiation: "Shanghai Shanda" restored the "equipment" in Zhao Ming's game account three working days after the signing of the "implementation settlement agreement"; Zhao Ming agreed that "Shanghai Shanda" would freeze the recovered "equipment" for four months...
thus, the first case of Anhui virtual property was finally settled.
China's current law on the protection of network virtual property is still blank, and there is no clear provision
however, in judicial practice, the acquisition of virtual property requires players to spend a lot of time and energy, as well as the cost of surfing the Internet and buying game time. Even if the virtual property is traded, it also directly forms an equivalent relationship with currency. Therefore, in legal practice, the virtual property is not only a kind of virtual property, but also a kind of virtual property, Many cases involving network virtual property regard it as property that should be protected
you can go to the court to file a case, but you may not be able to find the legal basis. On November 9, 2004, the Internet Supervision Department of Guangzhou Public Security Bureau received a report from Guangzhou Netease Interactive Entertainment Co., Ltd., claiming that the game accounts of some players in their "Dahua Xiyou II" game were stolen. The police soon found out that a gamer named Yan Yifan started playing the online game "Dahua Westward Journey" in 2002. In 2004, Yan Yifan was employed for a short period of time and became a staff member of the 2nd anniversary celebration of Netease's "journey to the West II". Through the reception of game players, Yan Yifan got more than 30 player information. So he forged the ID cards of the players, faxed the copies of the fake ID cards back to Netease company, cheated Netease company into modifying the security codes of the players on the ground that the security codes were stolen. He took the new security codes and sold the "magic beast sword, spirit, monkey spirit, demon chopping sword" and other "equipment" of the players in several Internet cafes in Guangzhou, making a profit of nearly 4000 yuan. The case was adjudged by Guangzhou intermediate court, and Yan Yifan, an "Internet thief", was convicted of theft for stealing other people's online virtual property - online game "equipment"
from this case, the public security and judicial organs have recognized the value of network virtual property, which is a part of personal property< On the morning of January 26, 2007, Li Fu and Zhang Huaichang, who worked for a science and technology company in Nanjing, rushed to the Criminal Police Brigade of Suixi County Public Security Bureau to report the theft of 18 "Star Wars Eve" game cards they bought. It turned out that in 2003, they spent 24000 yuan to buy 24 game cards. In order to make the game cards appreciate as soon as possible, they opened an eve game studio in Suixi County in 2005 and asked someone to help them play the game together
after investigation, Wang Tao and Wang Dong are highly suspected“ I know why you're looking for me. I've stolen boss Li's "Star Wars Eve" game card password, a total of 18. " According to Wang Dong's explanation to the police, in November 2005, Wang Tao and Wang Dong brothers came to Li Fu's Eve game studio to help play games. Later, because of the payment problem, Wang brothers left the studio, but when they left, Wang Dong didn't get the salary of that month. In the early morning of December 6, 2006, Wang Dong cracked the passwords of Li Fu's 18 game card accounts and gave Wang Tao a password. Later, Wang Dong changed some of the equipment in six or seven accounts into game currency, and sold it for more than 400 yuan< There is no doubt that Wang Dong's behavior belongs to theft, but whether the theft of virtual property constitutes a crime has aroused great controversy. After hearing, the court held that virtual property, like light, electricity and heat, although it has no definite form, but it has certain property attributes. Therefore, virtual property can be included in the category of intangible property, which is in line with the definition of "other property" in Article 92 of the criminal law. The total value of the 18 game cards stolen by Wang Dong is 27375 yuan, which belongs to theft, and the amount is large. In view of Wang Dong's good attitude of pleading guilty, before the public security organs grasp the facts of his crime, he voluntarily surrenders himself and actively pays a fine, which can be dealt with with with with a lighter punishment as appropriate. Accordingly, Suixi County Court made the above judgment
3. In the first half of 2004, Zhao Ming, an online game player in Taihe County, Anhui Province, was surprised to find that a large number of "best game equipment" he had painstakingly purchased had been stolen. In order to make his loss not in vain, he sued the game operator Shanghai Shanda Network Development Co., Ltd. (hereinafter referred to as "Shanghai Shanda"). Although he is not a heavyweight opponent with Chen Tianqiao, the legal representative of Shanda company, one of China's richest people, Zhao Ming finally won the lawsuit< A few days ago, the people's Court of Taihe County made a judgment of first instance, ordering "Shanghai Shanda" to restore the 34 kinds of "weapons and equipment" lost by Zhao Ming to Zhao Ming's two categories within seven days from the effective date of the judgment. After that, the two sides reached a settlement through friendly negotiation: "Shanghai Shanda" restored the "equipment" in Zhao Ming's game account three working days after the signing of the "implementation settlement agreement"; Zhao Ming agreed that "Shanghai Shanda" would freeze the recovered "equipment" for four months...
thus, the first case of Anhui virtual property was finally settled.
9. Within six months from December 7, 2016, Neusoft holdings, the shareholder of the company, plans to increase its shareholding in the company. The number of shares to be increased is not less than 5% of the total share capital of the company and not more than 10% of the total share capital of the company. The increase price is expected to be from 17 yuan / share to 19 yuan / share. From December 7, 2016 to June 6, 2017, Neusoft holdings increased 91.65 million shares of the company through the centralized bidding trading system and block trading system of Shanghai Stock Exchange, accounting for 7.37% of the company's total share capital. The average price of the increase was 18.83 yuan / share, and the total amount of increase was 1.725 billion yuan
surpasses Northeastern University to become the largest shareholder. As of June 6, 2017, Neusoft holdings held 154 million shares of the company, accounting for 12.37% of the total share capital, making it the largest shareholder of the company. The continuous increase of management shares shows the confidence in the development of the company, and solves the problem of the market's long-term concern about management
foreign investment continued, focusing on the field of medical and health. On May 11, 2017, he signed the comprehensive strategic cooperation framework agreement with China Medical University in Shenyang. Through the combination of instry university research of China Medical University and Neusoft, we can realize the in-depth development and application of medical big data technology, build a big data center serving scientific research and clinic, and build a demonstration base of medical and health big data development instry in Northeast China. On May 23, 2017, Neusoft group and Harbin Municipal People's government signed a strategic cooperation agreement in Harbin to continuously provide four major operation and data analysis services, namely, medical insurance risk control system, medical cost analysis, "cloud hospital" and internet medical service. L in conjunction with Lianzhong medical, Neusoft group undertook and operated the "Liaoning Medical Imaging cloud" health care service platform. The specific executors of the project are Neusoft group and Lianzhong medical, or its authorized subsidiaries or investment companies. The total investment of each party is estimated to be about 1.64 billion yuan. After the operation of the platform, all parties shall collect service fees from the users of the platform (medical institutions at all levels) according to the relevant service fees and relevant national regulations
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