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Does Internet court accept virtual currency

Publish: 2021-05-27 09:33:38
1.

It is illegal to issue virtual currency privately

According to Article 29 of the regulations of the people's Republic of China on the administration of RMB, no unit or indivial is allowed to print or sell token tickets to replace RMB in circulation on the market

In addition, the "emergency notice of the State Council Office for rectifying unhealthy tendencies in the instry, the State Economic and Trade Commission and the people's Bank of China on prohibiting the issuance and use of various token certificates (cards)" also strictly prohibited similar issues

extended data

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"

market formation

the Internet has led to the emergence of a new market, which is a virtual market based on cyberspace. The Internet provides a lot of communication places for consumers, and also provides business market for enterprises. Enterprises must change from proct centered to service centered to customer centered. With the development of computer artificial intelligence technology and database technology, enterprises can conveniently collect customers' information, understand customers' needs in time, change business strategies and grasp economic arteries in real time

With the rapid development of computer and network communication technology, the application of Internet technology has graally penetrated into various fields of human activities, and the unlimited business opportunities that it contains make businesses turn their eyes to e-commerce. E-commerce is penetrating into all aspects of social and economic life at a speed that people can hardly imagine

the traditional finance is also closely watching this irresistible trend of global economic integration and networking. As a result, value-added services take art as the selling point and can be regarded as commodities; The sword in the game is not a brand-new financial services business philosophy - e-finance came into being

from the historical development process, to understand e-finance, we must start from the electronic finance and e-commerce. The so-called e-financialization means that financial enterprises adopt modern communication, computer, network and other information technology means in addition to Internet technology to improve the work efficiency of traditional financial service business, rece operating costs, realize the automation of financial business processing, informatization of financial enterprise management and scientific decision-making, and provide customers with faster and more convenient services, And then enhance the financial enterprise is the behavior of market competitive advantage

e-finance is a transcendence of financial electronization. Different from the electronic finance, the main technical basis of e-finance operation is the increasingly perfect Internet technology. Due to the characteristics of global connectivity, openness, quickness and low marginal cost of Internet technology, e-finance strengthens the restructuring and innovation of financial services business based on Internet technology, so that customers are free from the restrictions of business hours and places, and enjoy all kinds of high-quality and low-cost services provided by financial enterprises anytime and anywhere

with the development of Internet, the form of money is becoming more virtual, and there is an electronic money that only exists in the form of electronic signal

reference source: Network: virtual currency

2.

It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity

it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested

with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational


extended information:

after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases

According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:

1

The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed

under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted

(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime

(2) the time limit for prosecution has expired

(3) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

3. The virtual currency represented by bitcoin is legal in China. In the bitcoin risk notice issued by the central bank and other five ministries and commissions at the end of 2013, bitcoin was clearly defined as a special Internet commodity. People can buy and sell it freely at their own risk, denying its monetary attribute. Zhou Xiaochuan, governor of the central bank, compared bitcoin to a tradable asset like a stamp. There are related reports on bitcoin home

bitcoin is a consensus network, contributing to a new payment system and a fully digital currency. It is the first decentralized peer-to-peer payment network, which is controlled by its users without a central management organization or middleman. From the user's point of view, bitcoin is much like Internet cash. Bitcoin can also be regarded as the most outstanding three style bookkeeping system.
4. In the notice on preventing bitcoin risk issued by the central bank and other five ministries and commissions at the end of 2013, bitcoin is clearly defined as a special Internet commodity, and people can buy and sell freely at their own risk, denying its monetary attribute. All financial institutions are not allowed to provide bitcoin related services. Bitcoin related websites must be put on record and require users to carry out real name authentication. Zhou Xiaochuan, central bank governor, said in an interview that bitcoin is a tradable asset like a stamp

in a word, virtual currency represented by bitcoin is legal in China, but the government takes a cold attitude towards virtual currency, which is neither positive nor negative. Most of the major countries in the world also adopt a cold attitude towards virtual currency

since 2015, the popular virtual currencies are bitcoin, Laite coin, Fuyuan coin, doggy coin, reborn coin and so on

it is possible, but at present, the government has not banned it

bitcoin and other virtual currencies exist legally in China. In the 2013 bitcoin risk notice, the central bank and other five ministries and commissions clearly defined bitcoin as a special Internet commodity. People can buy and sell it freely at their own risk. Financial institutions do not have to provide bitcoin related services, denying its monetary attribute. Zhou Xiaochuan, the governor of the central bank, compares bitcoin to a tradable asset like a stamp< Most of the major countries in the world take a cold attitude towards virtual currency. There are several possibilities for countries to ban virtual currency:

1
2. The well-known weaknesses and defects of virtual currency can not be overcome in a certain period of time
3. The government can't stand the use of virtual currency in money laundering and other illegal activities

since 2013, the popular virtual currencies are bitcoin, Fuyuan coin, Laite coin, doggy coin, Ruibo coin, Yuanbao coin and so on<

Zhou Xiaochuan, governor of the central bank, said at the Boao Forum for Asia that virtual currency is not a currency approved by the central bank and can not be banned. Since digital currency is not the currency initiated and approved by the central bank, it can not be banned. Digital currency belongs to digital assets, which can be freely traded between indivials. Therefore, digital currency is not MLM, not capital disk, but a kind of financial investment

in fact, the central bank has been studying digital currency for a long time. From the perspective of historical development trend, money has always evolved with the development of technological progress and economic activities. From the early physical money, commodity money to the later credit money, it is a natural choice to adapt to the development of human commercial society. As the currency of the previous generation, paper money has low technology content. From the perspective of safety and cost, it is the general trend to be replaced by new technology and new procts. In particular, with the development of the Internet and the great changes in payment methods all over the world, the establishment of digital currency issuance and circulation system is very necessary for the construction of financial infrastructure and the promotion of economic quality, efficiency and upgrading

does China recognize virtual currency_****** In the notice on bitcoin risk prevention issued by the central bank and other five ministries and commissions at the end of 2013, bitcoin was clearly defined as a special Internet commodity. People can buy and sell bitcoin freely at their own risk, denying its monetary attribute. Financial institutions are not allowed to provide services related to bitcoin, and bitcoin related websites must be put on record, In a word, the virtual currency represented by bitcoin is legal in China, but the government takes a cold attitude towards it, Most of the major countries in the world also adopt a cold attitude towards virtual currency. Since 2015, the popular virtual currencies include bitcoin, Wright coin, Fuyuan coin, doggy coin, Ruibo coin, etc.

Why do not countries ban virtual currency; In other words, what is the connection and difference between the value represented by virtual currency and the value represented by general currency? 3. In view of the depth of the background of the problem, we need to stand higher in the starting point of the research. Currency is a problem in the category of modernity, The problem of virtual currency is the problem of postmodernism. They do not share the same basic paradigm. It is the difference of paradigm, not virtual phenomenon, that leads to the difference between them.

why does China not stop virtual currency_****** As a new thing, virtual currency has its progressive side. One of China's attitudes towards new things is that the law does not prohibit it. However, if virtual currency poses a threat to the existing financial system, the government will take action, What follows is the public...

which countries recognize the legitimacy of virtual currency_****** At present, Japan has recognized bitcoin as legal

is virtual currency recognized by the state_****** No, because it involves money laundering, easy to crash and other factors. Although bitcoin, the most famous virtual currency, can not be said to be suppressed, there are very few transactions between physical objects and virtual currency abroad, and its prospect still remains to be seen, The pure pyramid structure will not be recognized by the state.

is there any policy in China to prohibit the trading of virtual currency****** At the end of 2013, the central bank and other five ministries and commissions jointly issued a bitcoin risk notice, in which bitcoin is clearly defined as a special Internet commodity, and people can buy and sell freely at their own risk, denying its monetary attribute, In an interview with the Boao Forum, President Yang Xiaochuan compared bitcoin to a tradable asset like a stamp, and the central bank has no right to ban it. Since 2013, popular virtual currencies include bitcoin, Leyte, Fuyuan, doggy, etc Is China's virtual currency legal_****** Virtual currency can trade bitcoin, Leyte and ether on chinacoin.com.

is virtual currency illegal in China_****** Virtual currency exists legally in China, but it is illegal to engage in illegal activities by using virtual currency. The notice on preventing bitcoin risks issued by the people's Bank of China and other five ministries and commissions defines the nature of bitcoin, believing that bitcoin is not issued by the monetary authority and has no monetary attributes such as legal compensation and compulsion, Not really...

will China ban all virtual currency commercial transactions? Will virtual currency be banned_****** How to buy and sell virtual currency after China forbids virtual currency trading

how does the state treat virtual currency in 2017****** At present, there is no official recognition of the value of virtual currency in China, but only in some areas suspected of causing actual harm to society, some recognize its existence value
5.

Virtual digital currency countries are allowed

according to Sohu Finance and Economics Report: the central bank recently said that the research on digital currency has achieved phased results, striving for the early issuance of digital currency

at present, major banks in many European and American countries and regions have publicly expressed their positive attitude towards the development of digital currency. If the digital currency is successfully issued, in addition to the convenience of people's living and payment, it will also bring many benefits to the country, such as improving the transparency of economic transaction activities, and the significance of cross-border e-commerce trade can not be underestimated

It is obvious that digital currency is highly expected based on its "excellent gene". Instry insiders said that once digital currency comes out, it will be applied to many fields. Although there must be an adaptation process from paper money to digital currency and the road of its reform will be very long, it can be seen that digital currency will inevitably form a development trend. Technological innovation will overcome the problems in reality. For example, if you go to a bank to do business now, if it doesn't involve cash, the lobby manager will recommend customers to ATM and other self-service equipment. This is a good proof that technological innovation has replaced labor in the past. Now mobile applications are also very simple. It can be predicted that the technology will continue to update in the future. The use of electronic channels, digital currency and other procts in the new era will become a trend, a trend that can not be reversed at present

6. The following is the full text of the Interim Measures for the administration of online games issued by the Ministry of culture of the people's Republic of China:

Decree No. 49 of the Ministry of culture of the people's Republic of China

the Interim Measures for the administration of online games, which were deliberated and adopted at the ministerial meeting of the Ministry of culture on March 17, 2010, are hereby promulgated and shall come into force as of August 1, 2010<

Minister Cai Wu

June 3, 2010

Interim Measures for the management of online games

Chapter I General Provisions

Article 1 in order to strengthen the management of online games, standardize the operation order of online games, and maintain the healthy development of online game instry, These measures are formulated in accordance with the decision of the Standing Committee of the National People's Congress on maintaining Internet security, the measures for the administration of Internet information services, and the relevant provisions of the state laws and regulations

Article 2 These measures are applicable to business activities in the form of online game R & D and proction, online game operation, online game virtual currency issuance, online game virtual currency trading services, etc

the online games mentioned in the Measures refer to the game procts and services provided by the Internet, mobile communication network and other information networks, which are composed of software programs and information data

online game operation refers to the operation of providing game procts and services to the public through the information network, using the user system or charging system

online game virtual currency is a virtual exchange tool that is issued by online game business units, purchased directly or indirectly by online game users using legal tender in a certain proportion, exists outside the game program, stored in the server in the form of electromagnetic recording, and expressed in specific digital units< Article 3 the administrative department for culture under the State Council is the competent department for online games, and the administrative department for culture under the people's government at or above the county level shall be responsible for the supervision and administration of online games within their respective administrative areas according to the division of responsibilities

Article 4 to engage in online game business activities, we should abide by the constitution, laws and administrative regulations, adhere to the principle of giving priority to social benefits, giving priority to the protection of minors, carrying forward the ideological and cultural norms and moral norms reflecting the development of the times and social progress, following the principles concive to the protection of public health and moderate games, and safeguarding the legitimate rights and interests of online game users according to law, Promote the all-round development of people and social harmony

Article 5 the online game instry association and other social organizations shall accept the guidance of the cultural administrative department, formulate instry self-discipline norms in accordance with laws, administrative regulations and articles of association, strengthen professional ethics ecation, guide and supervise members' business activities, safeguard members' legitimate rights and interests, and promote fair competition< Chapter II business units Article 6 the units engaged in online game operation, online game virtual currency issuance, online game virtual currency trading services and other online game business activities shall meet the following conditions and obtain the "online culture business license":

(1) name, residence, organization and articles of association of the unit< (2) the business scope of online games< (3) employees who meet the requirements of the state< (4) a registered capital of not less than 10 million yuan< (5) meet the requirements of laws, administrative regulations and relevant national regulations

Article 7 to apply for the network culture business license, an application shall be submitted to the cultural administrative department of the province, autonomous region or municipality directly under the central government. The cultural administrative department of a province, autonomous region or municipality directly under the central government shall make a decision of approval or disapproval within 20 days from the date of receiving the application. If it is approved, the "network culture business license" shall be issued and announced to the public; In case of disapproval, the applicant shall be notified in writing and the reasons shall be explained
the Ministry of culture's interim measures for the administration of online games published a total of 1 comment on Fenghuang science and technology [large, medium and small] [Print] at 12:36, June 22, 2010. The license is valid for 3 years. If it is necessary to continue its business operation at the expiration of the term of validity, it shall apply for renewal 30 days before the expiration of the term of validity

Article 8 If an online game business entity that has obtained the "online culture business license" changes its website name, website domain name or legal representative, registered address, business address, registered capital, equity structure and permitted business scope, it shall go through the change proceres with the original license issuing authority within 20 days from the date of change

the online game business unit shall mark the "online culture business license" and other information on the enterprise website, proct client, user service center and other prominent positions; The domain name of the website actually operated shall be consistent with the declared information< Article 9 online games shall not contain the following contents:

(1) violating the basic principles established by the constitution< (2) endangering national unity, sovereignty and territorial integrity< (3) divulging state secrets, endangering national security or damaging national honor and interests< (4) inciting national hatred or discrimination, undermining national unity, or infringing national customs and habits< (5) those who propagate heresy and superstition< (6) spreading rumors, disrupting social order and undermining social stability< (7) promoting obscenity, pornography, gambling, violence, or abetting crime< (8) insulting or slandering others and infringing upon their legitimate rights and interests< (9) violating social morality< (10) other contents prohibited by laws, administrative regulations or state regulations< Article 10 the administrative department of culture under the State Council is responsible for the examination of online game content, and employs relevant experts to undertake the consultation and transactional work related to the examination, filing and appraisal of online game content

the cultural administrative department of the State Council will not review the online game publications that have been pre approved by the relevant departments and allow them to operate online

Article 11 the cultural administration department of the State Council shall examine the content of imported online games according to law. Imported online games shall not be operated online until they have been examined and approved by the cultural administration department of the State Council. To apply for content review, the following materials should be submitted:

(1) application form for content review of imported online games< (2) content specification of imported online games< (3) or of right trade or operation agency agreement, original right certificate and power of attorney of Chinese and foreign texts< (4) copies of the "network culture business license" and "business license" of the applicant< (5) other documents required for content review

Article 12 those who apply for the examination of imported online game content shall be the online game operation enterprises that have obtained exclusive authorization according to law

If an imported online game is approved to change its operation enterprise, the changed operation enterprise shall, in accordance with the provisions of Article 11 of these measures, make a new declaration to the cultural administration department of the State Council< Article 13 domestic online games shall, within 30 days from the date of online operation, go through the filing proceres with the cultural administration department of the State Council in accordance with regulations

for domestic online games that have been filed, the filing number shall be marked at the designated location of the operation website and the prominent position in the game

Article 14 If the content of imported online games needs to be substantially changed after online operation, the online game operation enterprise shall report the content to be changed to the cultural administration department of the State Council for content review

in case of substantial changes in the content of domestic online games, the online game operation enterprise shall file with the cultural administration department of the State Council within 30 days from the date of change

the substantial changes of online game content refer to the significant changes in the background of online game story, plot language, place name setting, task design, economic system, trading system, proction and construction system, social system, confrontation function, role image, sound effect, map props, action presentation, team system, etc

Article 15 an online game operation enterprise shall establish a self-examination system, specify special departments, and assign professional personnel to be responsible for the self-examination and management of online game content and business behavior, so as to ensure the legitimacy of online game content and business behavior< Chapter IV business activities Article 16 an online game business unit shall, in accordance with the contents, functions and applicable groups of online games, formulate user guidelines and warning instructions for online games, and mark them in prominent positions on websites and online games<

online games targeting minors shall not contain contents that ince minors to imitate behaviors violating social morality and crimes, as well as contents that harm minors' physical and mental health, such as terror and cruelty

online game business units shall, in accordance with national regulations, take technical measures to prohibit minors from contacting inappropriate games or game functions, limit their game time, and prevent minors from inlging in the Internet

Article 17 An online game business entity shall not authorize an entity without online game operation qualification to operate online games< Article 18 an online game business unit shall abide by the following provisions:

(1) it is not allowed to set up a compulsory battle in online games without the consent of online game users< (2) the promotion and publicity of online games shall not contain the contents prohibited in Article 9 of these measures

(3) it is not allowed to ince online game users to obtain online game procts and services by investing legal tender or online game virtual currency by random sampling or other accidental means

Article 19 when an online game operation enterprise issues online game virtual currency, it shall abide by the following provisions:

(1) the scope of use of online game virtual currency is limited to the exchange of online game procts and services provided by itself, and shall not be used for payment, purchase of physical objects or exchange for procts and services of other units< (2) the issuance of virtual currency for online games shall not be for the purpose of occupying users' prepaid funds maliciously< (3) save the purchase records of online game users. The storage period shall not be less than 180 days from the date of the user's last service acceptance< (4) submit the types, prices and total amount of online game virtual currency to the provincial cultural administrative department of the place of registration for the record< Article 20 an online game virtual currency trading service enterprise shall abide by the following provisions:

(1) it shall not provide trading services for minors< (2) it is not allowed to provide trading services for online games that have not been examined or filed

(3) when providing services, it is necessary to ensure that the user registers with a valid ID card and bind a bank account consistent with the user's registration information< (4) after receiving the notice from interested parties, government departments and judicial organs, they shall assist in verifying the legitimacy of the transaction. If the transaction is verified to be illegal, measures shall be taken immediately to terminate the transaction service and relevant records shall be kept< (5) information such as transaction records and accounting records among users shall be kept for at least 180 days< Article 21 an online game operation enterprise shall require online game users to
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