Virtual currency in civil law of the people's Republic of Chi
one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc
Second, economic tort disputes; Such as intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights infringement disputes. In the market economy, the contract is a legal and universal form in which the equal market subjects establish the transaction relationship, jointly implement the transaction behavior, and pursue and realize the economic purpose. Therefore, the contract dispute is the main part of the economic dispute
virtual currency refers to non real currency. Well known virtual currencies, such as online currency of Internet company, QQ currency 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), grain silver (used for bixue Qingtian game), and popular digital currencies in 2013, such as bitcoin, Laite currency, Fuyuan currency, etc. At present, hundreds of digital currencies are issued all over the world. Popular in the circle & quot; The legend of "bitkin, Wright silver".
according to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.
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
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
however, the attitude of regulators is clear. Whether it is genuine bitcoin, or a variety of derivative Shanzhai coins, there is no way to obtain legal living space at present. This is something we need to be clear about. If the platform goes out of business or the staff runs away, it is very likely that they will lose all their money and the losses they have suffered will not be protected by law
the promises they give you often make the participants pay money quickly. Behind them is the Ponzi scheme of "robbing the east to pay the west" + "cheating the white wolf with empty hands". They use the money of new investors to pay interest and short-term return to old investors, so as to create the illusion of making money and cheat more investment. When no new investors enter, the return of old investors collapses one after another, and it is often difficult to withdraw cash, or the website cannot be opened
in short, although the external form of virtual currency is ever-changing, it is not divorced from its essence of pyramid selling. The more investors put in, the greater the final loss, and the more serious the loss may be.
it is recommended to select the activation location at the T-junction, close to the stone. First, clean up the small monsters on the side, then freeze the trap, mark, aim, and run backward by swinging the mouse. When you see that the demon is frozen, re aim. Switch to leopard guard and run towards the road immediately. Use level 1 arcane shooting to attract hatred. As soon as the CD arrives, jump and shoot it, And keep the devil's body with poisonous snake sting at any time. When you turn on the main road, give it an oscillation. Well, when you get on the main road, you'll almost succeed. Pay attention to the blue on your body. If it's less than half, drink blue. One big blue is enough to kill this demon, big red? No need
PS: demons will be out of combat status if they are not attacked for 6 seconds, and they will not be transformed by demons until they are 30 yards away
2) for the second devil, I chose the crater because it's the same continent as Dongquan. Let's get close to it
prepare the big blue one and the big red one (I didn't bring the big blue, but used a dark Rune and two big red)
activate the devil under the tree near the hot spring, mark the dog, trap, aim, and then immediately give the dog an oscillation, throw it back and run,, = the devil is trapped, and then start your fight with the dog around the hot spring, Or use level-1 arcane and viper to drag the dog away, properly oscillate it, then scatter it, and then run. Pay attention to oscillate it to make sure that there is a certain distance between the woman and the dog, so as not to be chased by the woman. Oh, after about a half circle, the dog will fall to the ground, and then switch to nature guard to start intimate contact with the woman. The next thing is simple
3) it's time to go back to iron and buy medicine. By the way, it's burning. Killing the devil is mainly controlled by time, because the devil is violent every 10 seconds. He cuts 1500-2000 blood and runs away sideways when he runs away
start, first activate the demon on the west side of a big pit, then freeze the trap, mark, aim, scatter, freeze, then repeatedly aim, scatter, and then fight it. If you want to calculate the time, you can see that the CD time of a fierce capture is 6 seconds. When you go up to chop, you first have a fierce capture. When it cools down, you'll have another one, then turn over and run away. When you see that the monster turns red, you'll have a poisonous scorpion spike, and then go up to chop. The same thing happens when you go up to chop. When it cools down, you'll have to turn over and over and run away. That's it
PS: it's time-consuming to kill the kites used on the strange Internet and jump up and down the tree. It's suggested to use melee instead of potion and any buff. This strange feeling is the easiest to kill: d
4) there are only xlss demons left. After reading some posts on the Internet, I said that this is the most difficult one among the four demons, and I have no bottom in my heart. Let's go and have a look first
prepare a demon slaughterer, a big blue, a big red, and a SS friend
just met a LR friend and brought me to the activation point to clear the strange, Then M sent a Ss to help, el with him first, and let him go to your first level anti-terrorism dot,
next, start to put a frost trap, as for why, I believe you all know, then mark, start strange, wait for the strange to step on the trap, feign death, mark, freeze trap, then return to blue, aim, scatter, hit the trap, and repeat, Remember that the poisonous snake spikes up, and then is to avoid insects to fight the devil, try to use scattering, other skills less, in order to save blue, with SS anti-terrorism, the devil is easy to deal with
finally, I wish the LR friends who have not completed the SS mission can complete the mission as soon as possible. Although some bows are better than SS bows, it is also the "game" to experience these four demons....
players reach the level and complete the main task to open the imperial examination playing method
find the chief examiner of Luoyang City at 21 o'clock every day to participate in the imperial examination. If you answer all the questions correctly, you can get rare props, talent books, experience and other rewards.
there are still a lot of arguments about the nature of money. The concept of money in western economics is various, which was defined by the function of money at first, and then as an economic variable or policy variable. Traditionally, there are mainly the following definitions of money:
goods generally accepted by people to pay for goods and services and pay off debts
goods that act as the medium of exchange, value, storage, price standard and deferred payment standard
excess supply or demand will lead to excess demand or supply of other assets
the temporary residence of purchasing power
no interest is required to be paid as the current assets of the public's net wealth
the most liquid assets related to national income, etc
according to the latest monetary theory, money is a kind of contract between the owner and the market about the right to purchase, which is essentially an agreement between the owners. I give what I have to the market in exchange for what I need. Currency is the agreement in this process. This theory can withstand strict falsification and logical argumentation, explain all economic phenomena related to money, and be tested by all economic practices, which marks the end of the debate on the nature of money for hundreds of years.
It is a multi bucket excavator that continuously excavates with multiple buckets installed on the runner at the front end of the boom. It is used for excavation of a large amount of earthwork, stripping and excavation of mines and loading and unloading of large stockyards. It has high proctivity and large excavation force, and can directly excavate hard soil. In large-scale buildings, water conservancy projects and mines, it is often combined with transportation equipment to form a continuous operation line. Bucket wheel excavators are divided into small, medium, large, super large and giant excavators according to proctivity or machine weight. Large bucket wheel excavators have large excavation force and are often used in mining