Enter money ring, always feel oneself entered gray industry? Can be my digital asset protected by national law? Does the project just run road should how does thought for the time being? Money of national logarithm word made what provision...
If you have these doubt, you must come to schoolroom of today's law of 56 finance and economics have a look. How belongings walks abide by the lawly without care, safety money encircles all corners of the country, see you or Xiaobai, calculate me to be defeated.
The law of digital money is qualitative
About the relevant law of digital money, above all everybody knows, because digital money is newly emerging things, the country still does not have special legislation. Accordingly, we need to know digital money in our country law or policy qualitative what be, just go to the lavatory later in already having law, find relevant provision to safeguard his rights and interests.
About the legal definition of digital money, our country was in 2013 " about be on guard the announcement of bit currency risk " in had done a specification, " announcement " in mention " look from property, bit money is a kind of specific fictitious commodity, do not have the legal place that is equal with the money " , so the digital money definition in our country law is fictitious commodity, although call a money, but the legal place that does not have a money.
Encounter legal problem in digital money side when us so, can use " civil code general rule " , " contract law " , " people banking law " , " about be on guard the announcement of bit currency risk " , " criminal law " , " the announcement that about be on guard token issues financing risk " wait for relevant provision to undertake handling. In our country law, about digital money (fictitious commodity) are policy and legislation specific what is there? We undertake simple enumerate reconciles next read.
Digital money is relevant legal laws and regulations
(1) digital money capital fund gets legal protection.
" about be on guard the announcement of bit currency risk " in mention: "Bit money is a kind of specific fictitious commodity. "Bit money is a kind of specific fictitious commodity..
" general principles of civil code of People's Republic of China " the 5th chapter sets the 127th times: "Law has a regulation to the protection of data, fictitious belongings, its set according to. Its set according to..
" general rule of civil code of People's Republic of China " the 75th the 2nd section provision: "Lawful belongings of the citizen gets legal protection. "Lawful belongings of the citizen gets legal protection..
Digital money serves as fictitious commodity, belong to fictitious belongings a kind, according to regulation, the digital money property that owns legally is protected by civil code. This to hold of each number money person for be to having very important essence sense.
(2) digital money cannot with " money " name is current use.
" banking law of people of China of People's Republic of China " the 16th regulation: "The legal money of People's Republic of China is a RMB. "The legal money of People's Republic of China is a RMB..
" about be on guard the announcement of bit currency risk " in mention: "Although bit money is called " money " , but because its are not,issue by monetary authorities, do not have law countervail gender and mandatory wait for monetary property, not be the money of real significance. Not be the money of real significance..
" byelaw of exchange control of People's Republic of China " the 8th regulation: "Churchyard of People's Republic of China prohibits foreign currency is current, do not get with settle accounts of foreign currency valuation. Do not get with settle accounts of foreign currency valuation..
According to above clause, digital money serves as a kind of fictitious commodity, do not have legal place of the money in our country, and the use function that does not have a money. Accordingly digital money can not be on our country market current use, also cannot fix a price for commodity and service.
(3) digital money must not participate in the activity that wash money.
" about be on guard the announcement of bit currency risk " in mention " be on guard the risk washing money that bit money may produce. Each branch ought to pay close attention to Chinese people bank closely the has the faceless, fictitious merchandise that crosses the feature such as area current advantage tendency with bit money similar etc and posture, grind seriously sentence the risk that wash money, research makes those who have specific aim be on guard measure. Each branch will be established lawfully inside area under administration and ought to offer bit money to register, trade the orgnaization that waits for a service is brought into wash money to superintend instead, supervise and urge its are strengthened wash money to monitor instead. Supervise and urge its are strengthened wash money to monitor instead..
" People's Republic of China washs money way instead " in regulation: "Washing what money behavior points to is to pass all sorts of means to conceal, crime of bribery of the constituent crime that conceals drugs crime, gangdom nature, terror crime, smuggler blame, corruption, destroy swindler of crime of financial administration order, finance the origin of the guilty earning such as the blame and its accrual.
Because the digital money such as bit money has the feature of faceless sex, become the guilty tools in case of the crime that wash money extremely easily. Above all we should wash money behavior clearly is by illicit of legal explicit order, cannot participate in. Next, participating in a number to the money invests and trade when relevant activity is medium, also should beware participate in activity of the crime that wash money in the center.
... laws and regulations of other and relevant law, see follow-up law lecture room please.
Digital money is relevant case
Because digital money is understood by more and more person place, also appear between everybody's eye shot gradually about the illegal criminality of digital money. We cite a simple case, consult for everybody, understand our country judiciary to have certain sense to the adjudicative manner of digital money case to us. This case is " Beijing happy cruel amounts to network science and technology limited company and peaceful limited company of trade of the Hua Chen that turn city, desk of issue of liability of tort of Peng spring spring " , the simple course of this case is:
Guilty suspect obtains 12 million yuan of RMBs through bilk, connection Beijing happy cruel amounts to limited company of network science and technology after (namely OKEX predecessor OKCoin) customer service, in risk the case that uses other identity document to fall, was worth 2 million yuan at be being filled on OKCoin account, buy bit currency entirely in all 553.046, guilty suspect transfers bit money purse later, sell bit currency in Macao underground old-style Chinese private bank piece. Because digital money has faceless sex, via pursue and wipe out of public security mechanism, still have 1, 568, 923 yuan cannot be recovered.
First instance court decision thinks, divide guilty suspect ought to to outside be being paid all illicit money that can recover at present by bilk company compensate, happy cruel amounts to a company to have subjective fault to the belongings loss of the injured party, and caused damage a result objectively, so, the agree carries the injured party to cannot recover losing the; of liability to pay compensation of 80%
Happy cruel amounts to a company to refuse to obey, appeal comes save tall courtyard. 2 adjudgement think definitely, happy cruel amounts to a company violate compasses act going up objectively to offer convenience condition for criminality, its are subjective go up the effect that ignore manner had to cooperate a criminal to transfer illicit money on certain level, "Reason is integrated happy cruel amounts to a company violate the compasses case, negative effect that causes to the society to reach the undesirable demonstrative effect that has " , sentence happy cruel to amount to a company to assume the injured party to cannot recover losing the liability to pay compensation of 40% .
In this case, because bit money possesses faceless sex information, the swindler wants to buy the course that bit money resell gives through using illicit money, achieve " wash money successfully and do not expose oneself " purpose. And in fact, guilty suspect washs 2 million illicit money fund success really, and the character as a result of bit money, still have 1 to finally, 568, 923 yuan of illicit money cannot be recovered, this to by bilk huge loss is for the company.
Because OKCOIN offerred convenience condition to wash money on degree certainly, also need to assume compensate to pay duty. Accordingly, commit a crime to washing money, we object stoutly; Having digital money at the same time when relevant activity, must avoid to participate in digital money to wash money in the center, more cannot because carelessly and helped other undertake money commits a crime washing.
Pass above content, we can understand a country basically to set to a few law of digital money, and judiciary the manner to digital money case. We sum up as follows:
1, the digital money such as bit money is in jural as special fictitious commodity, belong to the lawful and fictitious property that the citizen owns.
2, digital money is not the money on legal meaning, cannot buy commodity and service to wait, and use number money does business not to get legal protection.
3, the behavior that wash money is illicit of explicit order of our country law, digital money must not be participated in among them. Wash money case to digital money, national judiciary is very strict to this investigation.
Understand our country the relevant law to digital money, undertake to us the activity related to digital money and the lawful property that protect oneself have important sense surely. Can continue to roll out legal schoolroom after 56 finance and economics, respectively from investor, project isogon of square, bourse, media is spent, the digital money that analyses everybody to need to notice is relevant legal laws and regulations, ask everybody to continue to hold attention.
