Behind the virtual currency
bitcoin bulls often mention that the scarcity value of this cryptocurrency is the main reason for its continued rise. Bitcoin is similar to gold to some extent. The growth of its supply is extremely slow, and it is still slowing down. Its total supply will only reach 21 million
with the increasing interest of institutional investors and retail investors in bitcoin, global exchanges such as the Chicago Board of options (CBOE) have launched bitcoin futures contracts. This is likely to encourage more institutional investors to invest in bitcoin, while at the same time further curbing the price volatility of bitcoin
this much anticipated bitcoin futures trading has been launched on the Chicago Board of options exchange, which represents a significant step in the legalization of cryptocurrency. Futures is a derivative / financial instrument, which can force dealers to buy and sell an asset at a specific time and price
virtual currency is not MLM
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, voucher of Shanda company, micro currency launched by Sina, chivalrous Yuanbao, silver pattern. Digital currencies include bitcoin, Wright coin, infinite coin, quark coin, zeta coin, barbecue coin, penny coin, invisible gold bar, red coin and prime currency. At present, hundreds of digital currencies are issued all over the world
< H2 > development materials:
network virtual currency can be roughly divided into
the first category is the familiar game currency. In the era of stand-alone games, the protagonist accumulates money by knocking down the enemy, entering the gambling house to win money, and using these to buy Herbs and equipment, but it can only be used in his own game console. At that time, there was no "market" between players. Since the establishment of Internet portal and community, the realization of game networking, virtual currency has a "financial market", players can trade game currency
the second type is the special currency issued by the portal website or instant messaging service provider, which is used to purchase the services in the website. The most widely used is Tencent's q-coin, which can be used to purchase membership, QQ show and other value-added services
the third kind of virtual currency on the Internet, such as bitcoin and Wright currency. Bitcoin is an electronic currency proced by open-source P2P software. Some people also translate bitcoin as "bitcoin", which is a kind of network virtual currency. It is mainly used for Internet financial investment, and can also be directly used in daily life as a new currency
< H2 > reference: virtual currency networkAccording 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
it can clearly tell you that the attitude of domestic regulators is clear. Whether it is genuine bitcoin, or a variety of derivative Shanzhai virtual currency, 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
all the above are personal opinions. I hope they can help you. Thank you
the attitude of the domestic regulators of virtual currency 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
the above are personal opinions. I hope they can help you. Thank you
At present, a small number of people in the society are extremely enthusiastic about bitcoin. They think that bitcoin is a perfect thing, and there is unlimited imagination in the future
they even think that only holding legal currency can see cash out. Most will hold bitcoin for a long time
therefore, different people's cognition of bitcoin will lead to different value attributes of bitcoin P>
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