People's online trading of virtual currency

1.

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

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(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn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

2.

We need to call the police. This belongs to currency fraud. We can't blindly trust the virtual investment platform that can easily earn a lot of money. Fraud gangs often use "small investment, big income" as t to let investors taste the sweetness first and then increase investment, so as to achieve the purpose of fraud

at present, the so-called "digital currency" in the market is not legal digital currency. The so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud. It is necessary for the general public to raise their risk awareness, invest rationally and prudently, and prevent the interests from being damaged

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five ways to distinguish whether digital currency is MLM currency. Virtual currency does not rely on specific monetary institutions to issue, it is based on a specific algorithm, generated through a large number of calculations, is a decentralized way of issuing. Each different terminal node is responsible for maintaining the same account book, and the maintenance process is mainly to package and encrypt the transaction information by the algorithm, while the MLM currency is mainly issued by a certain organization, and the profit is made by pulling the head

2. Transaction mode. Virtual currency is a kind of sporadic transaction formed spontaneously in the market. After the scale is formed, the third party graally establishes an exchange to complete the transaction. The MLM currency is issued by an institution and traded on its own platform

3. The virtual currency itself is an open source program, maintained in the GitHub community. The parameters and methods of the total amount limit are shown in the open source code. The open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, so its essence is controlled by the website like Q currency

Whether the source code link is given. The general decentralized digital currency will give the source code link in the prominent position of the official website, so as to show the operation mechanism of the monetary system openly and transparently. What MLM currency focuses on is the transaction process of recharge purchase, not to mention its operation mechanism, and even the website does not have the link address of the source code

5. Whether the official website starts with HTTPS. In general, the addresses of the official website and trading website of decentralized digital currency begin with HTTPS. The purpose of this kind of website is to protect users' data from illegal theft. But the official website of MLM currency, trading website and other related websites do not start with HTTPS

3. According to the official reply of the State Administration of Taxation on the issue of indivial income tax on the income of indivials from buying and selling virtual currency through the Internet (GSH [2008] No. 818), 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, The indivial income tax shall be calculated and paid according to the item of "income from property transfer". The original value of an indivial's property in selling virtual currency is the price and related taxes paid for his purchase of network virtual currency. If an indivial is unable to provide evidence of the original value of his property, the original value of his property shall be verified by the competent tax authorities.

4. No, the money is your own. You can buy anything you want, except guns, ammunition, drugs, whoring and nothing else

5.

There are two reasons for the prohibition of virtual currency trading by the state:

1. The price fluctuates violently and the consumer protection is lacking:

virtual currency is the proct of network, and the digital information flowing in the network is beyond everyone's control. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code

bitcoin and other so-called "virtual currencies" lack a clear value basis, the market is full of speculative atmosphere, the price fluctuates violently, and investors blindly follow suit, which is easy to cause capital losses

2. Evade supervision and become the "accomplice" of criminal activities:

bitcoin is popular as a payment tool in the so-called "dark web" world“ The "dark net" is full of all kinds of serious criminal activities. One of the original intentions of the invention of bitcoin is to evade regulation. It has the characteristics of anonymity and convenient cross-border flow, and has become the preferred tool of "underground economy"

the existence of bitcoin and exchanges and other instrial chains has constructed a illegal financial market for asset transfer and financing in addition to legal currency, increased the difficulty of regulatory authorities in managing financial security and stability, and promoted regulatory arbitrage and financial crimes. The risks and social security risks it brings to the financial market are far higher than its innovative value

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virtual currency transactions are not protected by law:

according to the notice on preventing bitcoin risks issued by the people's Bank of China and other departments on December 3, 2013 and the announcement on preventing financing risks of token issuance issued by seven ministries and commissions including the people's Bank of China on September 4, 2017, virtual currency is not issued by monetary authorities, It is not a real currency because it does not have the monetary attributes of legal compensation and compulsion

in terms of nature, virtual currency should be a specific virtual commodity, which does not have the same legal status as currency, and can not and should not be used as currency in the market. Although citizens' investment and trading in other virtual currencies are personal freedom, they can not be protected by law

6. Buying and selling virtual currency is not protected by law, but some pyramid schemes use virtual currency. Many cheaters have been arrested.

7.

China's regulatory authorities have stopped the issuance and trading of virtual currency, and China's policy does not allow the issuance of any virtual currency

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announcement on preventing the financing risk of token issuance:

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accurately understand the essential attribute of token issuance financing activities

no organization or indivial is allowed to illegally engage in token issuance and financing activities

strengthen the management of token financing trading platform

all financial institutions and non bank payment institutions are not allowed to carry out business related to token issuance financing transactions

the public should be highly alert to the risks of token issuance financing and transaction

give full play to the self-discipline role of instry organizations