First domestic bit money " the machine that dig mine " issue desk was adjudged in court of Zhejiang Hangzhou Internet recently. The court thinks, our country law, administrative regulations did not prohibit the production of bit money, hold and be on the move legally, also did not prohibit money of bit of buying and selling " the machine that dig mine " . The ground that so accuser Chen Mou holds to machine of mine of money of bit of buying and selling breaks the law cannot hold water, case experience contract is lawful and active.
This year January, accuser Chen Mou purchased 20 bit money 612 thousand yuan in the expenditure on the net " the machine that dig mine " , and advanced all payment for goods. But after commodity delivers goods, his requirement the accused -- Zhejiang refund of sum of limited company of some communication science and technology and pay interest.
Hangzhou Internet court rules judge Huang Xin introduces, last year on September 4, website of Chinese people bank releases announcement to say, home includes through releasing token form first the activity that token sends advancing travel financing is much emerge in large numbers, the spec acclaims be current, be suspected of undertaking illegal banking activity, disturbed badly economic finance order. Central net letter does, industry and informatization ministry, country is industrial and commercial the 7 ministries and commissions such as total bureau issue announcement, requirement from now on the day that announcement releases rises, of all kinds token issues financing activity to ought to stop instantly. But accuser just understands these content after be bought this year, think to buy bit currency " the machine that dig mine " also be illegal behavior, appeal accordingly.
After he bought goods, accuser understanding had been released to Chinese people bank about prohibiting the administrative sex announcement of token financing activity, so he thinks of bit money trade be suspected of breaking the law.
Through cognizance, the court rejected accuser lawsuit finally to request.
To this, huang Xin of judge of trial of Hangzhou Internet court expresses, our country law did not prohibit the production of bit money, hold and be on the move legally, also did not prohibit money of bit of buying and selling " the machine that dig mine " , because this buys a contract lawfully effective.
Although the monetary property of bit money was prohibited by financial superintendency orgnaization, but its commodity attribute still exists. Our country law did not prohibit the production of bit money, hold and be on the move legally, also did not prohibit money of bit of buying and selling " the machine that dig mine " , because this buys a contract lawfully effective.
In addition, it is OK that accuser still puts forward a network to shop 7 days return money without reason. Judge Huang expresses, of this system establishing is to solve the meaning that consumer brings about because of information asymmetry to show truthless issue, this case is not accorded with.
Accuser is goods of already immediate rejection, not was in after getting goods, have goods and news of page of network spending commodity comparing is opposite, the problem of asymmetry of nonexistent goods news.
In recent years, head with bit money " fictitious money " investment and trade when the river rises the boat goes up too, in the ascendant, drew a lot of people stop. Remind to this judge, the fictitious article that becomes to the new student after technology of Internet of this kind of classics develops, existence policy and commercial risk trade related. But in not lawbreaking, administrative regulations mandatory below formulary premise, the contract that party concludes is active contract, one party has no right to remove arbitrarily. Investor needs discreet investment.
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Reporter: Zhang Honghao
Read and edit: Liu Zhijun, Li Rui