Opinions on supervision of virtual currency
virtual currency lacks supervision and is too free; Therefore, China's current virtual currency is still in a serious regulatory scope; Of course, the research on virtual currency blockchain technology is worth trying.
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4. Protect the property rights and interests of the public, protect the legal tender status of RMB, prevent the risk of money laundering and maintain financial stability
5. Avoid excessive speculation in the name of "virtual currency" for virtual commodities such as bitcoin, which will damage the public interest and the legal tender status of RMB.
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
The financial laws in China's financial supervision mainly include: Law of the people's Bank of China, commercial bank law, bill law, guarantee law, insurance law, securities law, trust law, securities investment fund law and banking supervision and management law
Financial laws and regulations mainly include: Regulations on the administration of savings, regulations on the administration of enterprise bonds, regulations on the administration of foreign exchange, measures for banning illegal financial institutions and illegal financial business activities, and measures for punishing illegal financial actsregulations on the administration of RMB, Interim Regulations on the board of supervisors of key state-owned financial institutions and regulations on the real name system of indivial deposit accounts
regulations on financial asset management companies, regulations on the revocation of financial institutions, regulations on the administration of foreign insurance companies, regulations on the administration of foreign banks and regulations on the administration of futures trading
Interim Measures for the administration of central enterprise bond issuance, regulations on risk management of securities companies, regulations on supervision and administration of securities companies, etc
< H2 > extended data:
financial supervision system is the way and organizational system of responsibility division and power distribution of financial supervision. The main international financial supervision system can be divided into two-line multi supervision system, one-line multi supervision system and single supervision system
Financial supervision system is the proct of the history and national conditions of various countries. The basic principle of establishing the mode of supervision system is not only to improve the efficiency of supervision and avoid excessive overlapping and mutual restriction of responsibilities, but also to pay attention to the mutual restriction of power and avoid excessive concentration of powerin the case that the supervision power is relatively concentrated in one supervision subject, scientific and reasonable division of internal power and division of responsibilities must be implemented to ensure the correct exercise of supervision power
on April 27, 2018, the guidance on standardizing the asset management business of financial institutions was officially released, which is referred to as the "new asset management rules" in the instry
the establishment of major policy standards such as breaking rigid cashing, banning multi-layer nesting and restraining channel business will promote the development of the asset management instry to return to its original source, and the licensees with prudent investment strategy will usher in major strategic advantages
If a country wants to develop its economy, the first problem is money. With money, government agencies can pay civil servants, and various national policies can be implemented. There are two types of state institutions related to money: financial institutions and government institutions
Financial institutions in financial institutions, the State Council is the big boss. He has three financial institutions under his command: the central bank, the China Banking and Insurance Regulatory Commission and the China Securities Regulatory Commission(1) people's Bank of China. Her daily work is printing and distributing banknotes, regulating currency circulation and guiding banking business. Among them, it is very important to guide the banking business, because the major banks are directly exposed to money, and the banks themselves are divided into policy banks and commercial banks
Policy banks are non-profit institutions, and the state needs to seek loans if it wants to carry out construction Commercial banks, profit-making institutions, are closely related to the common people, such as the Agricultural Bank of China, instrial and Commercial Bank of China, Bank of China and China Construction Bankthe main management currency of the above institutions is RMB, and foreign currency is also managed by the central bank. However, she gave the job to the foreign exchange administration to manage foreign exchange
(2) CIRC
the people's Bank of China mainly controls the economy by sending jobs to banks, so the institution that supervises banks will mention CIRC, which mainly manages the daily operation of banks, such as banks want to open branches, changes in senior executives, etc. The CIRC also administers non bank financial institutions and insurance institutions
in 2018, the two committees merged the China Banking Regulatory Commission and the China Insurance Regulatory Commission into the China Banking and Insurance Regulatory Commission, because China's financial model has changed and entered the era of mixed operation, with frequent cross operations among various businesses, serious problems such as regulatory overlap and regulatory vacuum, and some new financial institutions, such as wealth companies, need the coordination of the two regulatory bodies, Otherwise, there will be a regulatory blind spot
the central bank and the CIRC have a lot of business intersection, and usually cooperate with each other, but the specific work is still different, the central bank is the business guidance, and the CIRC is the regulatory operation
(3) the terms "stocks, funds and futures" of China Securities Regulatory Commission (SFC) may be familiar to investors. The institutions that can operate these businesses are all elites among the elites, referred to as "jingzhongying" for short. If these institutions are not managed properly, the stability of the financial market will be affected unprecedentedly. It is the SFC that manages themfor example, if an enterprise wants to be listed, it needs to go to the CSRC for approval. Only when it is approved by the CSRC, the stock exchange will be ready and the enterprise can issue shares
the central bank, the China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission all perform their respective ties and manage their own affairs, which are equal level relationships. They are the national financial institution system
2. The government should have its own department to manage the money, otherwise, how to deal with the tax collected? How to pay civil servants' wages? It's called the Ministry of finance, whose main responsibilities are: setting tax policies, issuing treasury bonds, and managing government revenues and expenditures
Because the Ministry of finance is a national institution, its structure has the typical characteristics of the government Their working mode is also very simple: the Ministry of finance makes policies, the Department of Finance implements them, and the finance bureau implements them The relationship between the central bank and the Ministry of finance is under the leadership of the State Councilwhen the state wants to manage the economy, it needs the cooperation of two institutions, such as "deleveraging" in recent years, the central bank makes banks "tighten", that is, less lending to enterprises, and the Ministry of finance should follow up "tightening", that is, the government should also spend less
summary of laws and regulations related to Internet Finance:
according to the people's Bank of China, Ministry of instry and information technology, Ministry of public security, Ministry of finance, State Administration for Instry and commerce, Legislative Affairs Office of the State Council, China Banking Regulatory Commission, China Securities Regulatory Commission and China Insurance Regulatory Commission
the guidance on promoting the healthy development of Internet Finance (YF [2015] No. 221, hereinafter referred to as the guidance) jointly issued by the state Internet Information Office on July 28, 2015
at present, China's legal Internet Finance formats include: Internet payment, Internet lending, equity crowdfunding, Internet fund sales, Internet insurance, Internet trust and Internet consumer finance
in addition to the traditional laws and regulations and regulatory systems and policies, the regulatory provisions specifically for new formats mainly start from the regulation of third-party payment institutions in the people's Bank of China Document No. 2 (administrative measures for payment services of non-financial institutions) in 2010 (it is generally believed that the development and supervision of payment business is also a landmark event in the development of China's Internet finance instry)
Document No. 221 (guidance) issued by ten ministries and commissions in 2015 is not only a comprehensive summary, carding and confirmation of Internet Financial formats in recent years, but also a programmatic and "guiding" document for the implementation of regulatory policies in the future
On August 23, 2011, China Banking Regulatory Commission (CBRC) issued the notice on risk warning of Renren loan [2011] Nothis kind of intermediary companies collect information about borrowers and lenders, evaluate borrowers' collateral, such as real estate, cars, equipment, etc., then match them, and charge intermediary service fees
a lot of reports have been made on the operation and influence of such intermediary companies by the relevant media, which has aroused much attention. In this regard, the CBRC organized a special investigation, found a large number of potential risks and gave tips
It can be seen that the notice is only a risk warning document for Renren loan. At the inter ministerial joint meeting of nine ministries to deal with illegal fund-raising held on November 25, 2013, the central bank clearly defined the illegal fund-raising behavior of P2P network lending instrymainly includes three types: fund pool mode; The risk of illegal fund-raising caused by unqualified borrowers and Ponzi scheme< On June 4, 2010, the people's Bank of China issued the measures for the administration of payment services of non financial institutions (No.2 [2010]). Article 1 of the measures stipulates that the purpose of the measures is to promote the healthy development of the payment service market, regulate the payment service behavior of non-financial institutions, prevent payment risks, and protect the legitimate rights and interests of the parties
Article 2 of the measures specifies that the payment services of non-financial institutions referred to in the Measures refer to the following part or all of the monetary fund transfer services provided by non-financial institutions as intermediaries between the payees and payers:(1) online payment
(2) issuance and acceptance of prepaid cards (3) bank card receipt (4) other payment services determined by the people's Bank of China
the term "online payment" in the Measures refers to the behavior of transferring monetary funds between the payee and the payee relying on public network or private network, including currency exchange, Internet payment, mobile phone payment, fixed phone payment, digital TV payment, etc
the term "prepaid card" as mentioned in these Measures refers to the prepaid value of goods or services issued for profit and purchased outside the issuing institution, including prepaid cards issued in the form of cards, passwords, etc. by adopting magnetic stripe, chip and other technologies
the bank card acquiring in the Measures refers to the behavior of collecting monetary funds for the bank card merchants through the point of sale (POS) terminals The administrative measures for payment services of non-financial institutions is an important regulatory regulation for third-party payment< On June 4, 2009, the Ministry of culture and the Ministry of Commerce jointly issued the notice on strengthening the management of virtual currency in online games (Wen Shi Fa [2009] No. 20), which stipulates that market access should be strictly enforced and the management of issuers and providers of virtual currency trading services in online games should be strengthened
engaging in "online game virtual currency trading service" business must comply with the relevant provisions of the competent department of Commerce on e-commerce (platform) services. In addition to legal currency purchase, online game operation enterprises shall not provide online game virtual currency to users in any other way
on July 20, 2009, the Ministry of Culture issued the declaration guide for "online game virtual currency issuing enterprises" and "online game virtual currency trading enterprises", which provides operational guidance rules for the declaration and approval work of operating Internet cultural units applying for "online game virtual currency issuing service"< On September 28, 2008, the State Administration of Taxation made clear the tax treatment of virtual currency in the reply to the issue of personal income tax on the income of indivials from online trading of virtual currency (Guo Shui Han [2008] No. 818)
that is to say, the income obtained by indivials from purchasing players' virtual currency through the Internet and selling it to others after price increase belongs to the taxable income of indivial income tax, which should be calculated and paid according to the item of "income from property transfer"
In order to defend the peso, which has been under great devaluation pressure since December last year, the Central Bank of Argentina raised interest rates three times in a row from April 27 to May 4, raising the benchmark interest rate from 27.25% to 40%
At present, Argentina has asked for financial support from the International Monetary Fund (IMF) to help curb the decline of the peso for five consecutive months. IMF president Lagarde said in a public statement in Washington on the 8th that the IMF and the Argentine government have started to work together to strengthen Argentina's economy, and these measures will be implemented in the short term At the beginning of the 20th century, Argentina's economy once ranked among the top ten in the world. What's wrong with Argentina's economy today Since December last year, the Argentine Peso has been under the pressure of devaluation, and the cumulative decline of the peso against the US dollar once reached more than 15%in the face of the sudden sharp depreciation of the peso, in order to stabilize investors' confidence and the mood of domestic residents, the Central Bank of Argentina raised interest rates for three consecutive times in eight days: on April 27, it raised interest rates by 300 basis points, raising the benchmark interest rate from 27.25% to 30.25%; On May 3, the Central Bank of Argentina raised interest rates again by 300 basis points, and the benchmark interest rate has reached 33.25%; In order to curb the peso's decline in the foreign exchange market, the Central Bank of Argentina directly raised the benchmark interest rate to 40% on May 4
In line with the action of the central bank, the Argentine government has reced its fiscal deficit target from 3.2% of GDP to 2.7% this year. So far, the peso has a little breathing space in the foreign exchange marketMartin, chairman of Argentina E3 engineering company, told China first finance and economics that the fluctuation is the adjustment of the market exchange rate by the Central Bank of Argentina
he explained that when Argentina's president Mauricio Macri came to power at the end of 2015, Argentina's last government left an inflation rate of about 28%. Although the Macri government introced a series of measures to curb inflation, it had little effect, because the Macri government relied on borrowing and issuing excess currency to solve the problem, and the growth of the real economy was small. From 2017 to 2018, the interest rate of local currency short-term bonds of the central bank was about 26% - 28%. However, the exchange rate of Peso against the US dollar remained relatively stable, resulting in the lag of Peso exchange rate and arbitrage space for financial institutions. In addition, in April this year, the Afghan government began to levy a financial income tax ranging from 5% to 15% on foreign financial investors, which was also affected by the rise of US bond interest rate, As a result, a large number of funds came out at the end of April and the beginning of May after making profits, which led to the sharp fluctuation of Arab exchange rate market last week
Dr. Shi peiran of the Latin American Institute of the Chinese Academy of Social Sciences specifically analyzed the multiple factors of the peso exchange rate fluctuation to the first financial reporter
he believes that from the perspective of internal factors, Argentina's economy has shown a moderate recovery in recent years after the Macri government took power. After Macri came to power, he released the strict foreign exchange control of the former government and adopted a series of market-oriented measures. Therefore, since 2016, the international market has generally been optimistic about Argentina's economy, which is reflected in the relatively stable exchange rate of Peso against the US dollar and the rising price of Argentine government bonds in the international market
however, in January 2018, the Central Bank of Argentina raised the inflation target for 2018. Meanwhile, the implementation of the government budget in 2017 also shows that the target of recing expenditure and deficit of the Argentine government has not met the expectation, which is a smell of risk for investors
Shi peiran added that if it is other countries, the combination of the two will cause some degree of exchange rate fluctuations, but the scale is difficult to compare with Argentina. Because Argentina is famous for its currency devaluation, the large-scale currency crisis of the Argentine Peso has occurred more than once. At the same time, another bad reputation of Argentina lies in foreign exchange control. For example, ring the term of former president Christina, the free flow of foreign exchange in Argentina was a big problem In terms of external factors, according to Shi peiran's analysis, the strength of the US dollar in recent years is a huge pressure on emerging countries. Therefore, the combination of internal and external factors has aroused the concern of international investors. The natural choice made by the market is to sell the peso in exchange for the US dollar. What is chain like is that once the Argentine Peso begins to depreciate on a large scale, it is difficult for the international market not to recall the peso crises of the 1980s and 1990s At the same time, the world bank believes that Argentina's economic recovery is continuing. Argentina's economy deflated by 1.8% in 2016 and recovered in 2017 with a growth rate of 2.9%. At the same time, Argentina's basic deficit decreased from 4.3% of GDP in 2016 to 3.8% of GDP in 2017, but both were lower than the official fiscal target. The Argentine government plans to graally achieve a basic fiscal balance by 2021 According to Tang Jun, Argentina's economy grew slightly in 2017, which shows that many policies of Markley to stimulate economic growth have played a certain role. In 2018, the Argentine government will set its economic growth target at about 3%. China's one belt, one road initiative and its desire to move forward in 2017 will bring new opportunities for Argentina to visit Macri. However, Argentina's economy is also facing many problems, such as single economic structure, fragile financial system, high foreign debt, high government deficit and so on. There are still many negative factors affecting economic growth and social stability. Argentina's economic growth is still shrouded in an unknown shadowas for the current economic performance of Argentina, Martin believes that Argentina adopts the semi floating exchange rate system under the intervention of the central bank, and the Central Bank of Argentina and the Ministry of finance have taken measures to significantly adjust the short-term interest rates to stabilize the foreign exchange market, so as to control the situation in the short term, open and operate the market with greater flexibility and volatility from the medium to normal period, and rece the possibility of similar fluctuations or greater crises
However, it will take some time to solve the deeper problems of the national real economy, such as the heavy tax burden, the reform of labor law, and how to improve the investment environment Martin said, "Argentina's economy is expected to maintain 2% growth this year, inflation rate is about 25%, government fiscal deficit is slightly reced, and trade deficit is about 30 billion US dollars." Tang Jun also said that 2018 is Argentina's home diplomatic year, and the G20 will be held in Argentina. The government of marcori wants to take the opportunity to further promote reform and increase budget expenditure, while the financial deficit of the Argentine government continues to expand, coupled with the successive years of trade deficit, shortage of money, high foreign debt, and huge pressure on the financial system, As a result, since the beginning of this year, the peso's exchange rate against the US dollar has depreciated by more than 40% (from about 17:1 to the current 25:1), and there is a trend of further deterioration. Therefore, the Central Bank of Argentina has to take measures to start the peso defense war
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