It is difficult to know to achieve content dimension to counterpoise formerly, and investment figure money suffers bilk, dimension advantageous position is more difficult. In jural how to define bilk, who should look for dimension authority and how does thought for the time being, every level is very complex, what its thought fors the time being is difficult be terrified by the sight of sth or sb letting a person.
One, increase position of law of secret number money ambiguous
Actually, set out from the angle of average investor, we can say, trade platform ill will holds price controlling money, all sorts of air money, pass spend money, the project just encircles money to run the road is bilk behavior, should be concerned sectional processing. However, the domain invests in digital money, having a the basiccest problem is, with " bit money " this kind of increases secret number money law position that give priority to is ambiguous, because this also does not have the superintendency branch of speak or sing alternately, more never mention it apply to the legal laws and regulations of digital money.
On December 5, 2013, the 5 ministries and commissions such as people bank were released " about be on guard the announcement of bit currency risk " announcement, made clear the property of bit money, do not have law countervail gender and mandatory wait for monetary property, not be the money of real significance, do not have the legal place that is equal with the money, and do not answer monetization in the market current use. But, the goods business conduct that bit money trades to go up as a kind of Internet, ordinary people has participation freedom below the premise that takes risk oneself. Say simply, this second announcement affirmed the commodity attribute of bit money, but this does not get legal protection on behalf of bit money, when be being sued through the court commonly, often be judgment of local court proper motion, great majority is its definition belongings, can give so accept, but because of,also have individual case bit money " do not suffer law to protect " and do not grant to accept.
2, how to define for bilk
The court gives accepting is premise, it is next how the problem of qualitative bilk. Mix with ICO hold price controlling money to be exemple, although add secret number money not to belong to the negotiable securities category that our country maintains, but through this kind illegal means gains profit, already offended issue certificate of ticket of token of put on sale of law of Central Africa of our country jurisprudence, illegally negotiable securities and collect money illegally, the accusation such as financial bilk, so investor can collect mechanism of orientaton public security to report a case to the security authorities in our country churchyard wait for method Lai Weiquan.
Still have air money, air money is the project with concoctive without foundation undertakes financing, project square subjective go up the mentality that should have empty-handed to cover white wolf, the objective of detinue is had on criminal, divide medium accusation regulation according to our country criminal law, the project just may be formed collect money crime of fraud.
In addition, will release on September 4 last year " the announcement that issues financing risk about token " in prohibit clearly also all token issue financing action. Although be in what our country jurisprudence has him rank, file of law of law, code, regulations, normative sex, from arrive high low arrange. Although this is announcement only, but show level to be reached to ICO namely covert the highest law document that sends money, can serve as legal laws and regulations completely to just undertake punish to the project.
But those who be worth a specification is, also a lot of projects also just do not want to get air at the beginning, also did not want to cheat the gold of investor, but make investor disastrous really later. Such word, manage illegally have really, but deny existence bilk to be about investor and court go judge.
3, seek whose dimension power
The thought that money encircles fors the time being, is the most difficult to whose dimension look for to counterpoise? Domestic command prohibits ICO, so ICO project and bourse all change location abroad, if the token outside the condition is issued,did not arise to home civil or the influence of criminal law respect, the law of applicable and other country or superintendency regulation, won't get of internal law law administer, investor thought fors the time being or chase after duty all overseas undertakes.
Our country already public proclamation prohibits fictitious money issues financing action, without relevant superintendency orgnaization, think thought fors the time being so the choice of a lot of people calls the police namely. But be opposite this kind of case, investigation difficulty is great, it is to cross a state, cross a region, add relevant evidence to be obtained very hard, bring about a police to the law handles a case or did not handle a case power is insufficient, so most case can be laid aside, without real progress. Can have 3 kinds of results: ① police maintains this kind of case to attribute normal investment loss, do not do processing of put on record. ② fund is already current to abroad, cannot accept, can suggest they hit international lawsuit only. ③ platform runs road bird does not have phonic message, the case cannot be advanced, can choose civil suit only.
And civil suit can appear again a series of difficulty, cannot find the accused hair to put forensic subpoena for instance, without sufficient evidence, chief is in abroad, platform registers the ground to be waited a moment in abroad, those who if comparative,think is troublesome.
4, how does thought for the time being
Although Dan Weiquan's road is again difficult, the legal interest of investor is in get when embezzlement, also cannot say for nothing cheap nobbler. After can saying to be cheated in discovery only, we are OK strong volume preparation is sufficient, raise dimension to counterpoise to be led successfully.
Among them the most important is collect evidence. Be being sued to the court is the method with best effect of authority of money circle dimension, also be only possibility method of sum recapture losing, and the victory or defeat that evidence decides lawsuit directly. Be in before in lawsuit of authority of money circle dimension, our commonnest material is " cut screen " , but those who need a specification is " cut screen " it is evidential material only, not be evidence. Best practice is the chatting record to the static state, undertake notarization to notarial place, act to platform, conduct propaganda, road wait for behavior, undertake kinescope of real time recording directly. In community leave a message, reached consensus, the result with arbitral community, these can prepare as evidential material, give the stone hammer evidence that acting lawyer make it has power truly.
If witness and the accused confrontation face to face, of course the effect is better, but want to notice, the probability that the witness in real case appears in court is very low, and whether " oppose an opening " also unknown, in the witness the choice is used on must discreet.
To a lot of trade platform or project just run road, cannot find firm address and chief, choose pair of professions " old man " undertake chasing after duty also be a kind of common practice, after all " old man " run road cost is higher. The token that the project just issues serves as a kind of commodity, the responsibility that its project just assumes and merchandise operator are similar, and the celebrity of the platform suffers entrust pair of this banking products or token to undertake conduct propaganda and advertisement are released, ought to regard advertisement as operator and advertisement promulgator. If online go up or exist to be mixed phonily in the conduct propaganda below the line beguiling circumstance, investor basis is active " consumer rights and interests protects a law " , " advertisement law " and " criminal law " relevant provision, can find out not only issue square responsibility, the famous person that still can lay requirement platform in particular case assumes joint liability.
But although how prepare again, just also raise a few successes relatively to lead, place of above paragraphs of no less than says, increase the legal position with secret number ambiguous money, make dimension advantageous position very difficult necessarily. And everybody wants to be clear about, frying money is a kind of congenial behavior originally, taking money to be in undertake without the license plate, money city that does not have legal status rich weichis, the money that I earn, it is the money that you lose, this industry is put in the risk with huge move, need to be treated carefully.
