The currency(BitCoin)The concept originally by the clever(Satoshi Nakamoto)In the2009Forth, it is a kind of open sourceP2PSoftware generatedElectronic currency. Bitcoin not rely on Issuing specific monetary institutions, it through a large amount of calculation of a specific algorithm, using theP2PA network of manyNodeDistributed database to identify and record all trading activity.

2013Years8Month19DayIn Germany, became the first to admit the currency legal "currency" status of the nation.2013Years10Month29Day,"The world's first"Bitcoin ATM enabled in Vancouver canada. CurrentThe currency is convertible into most national currencies. The currency in the domestic development also unusually unpopular, on the basis of certain website, Chinese is already the world's largest bitcoin transactions in the market, the one-day transactions a transaction platform China can be over 100 million yuan, a bitcoin has been pushed to nearly1600Yuan. In many businesses, Taobao Baidu accelerated music service, line of some entity shop have begun to accept the currency valuation payment.

    Bitcoin transactions is anonymous, transactions occur only bitcoins wallet address and a string of random letters and numbers and other information, in addition to do not have any information to be able to identify personal identity. Precisely because of this feature and cross-border, cross platform and other characteristics can be achieved, make it become the best channel of bribery, money laundering, transfer of assets, such as illegal gambling to overseas. Therefore, in some recognition bitcoin legitimacy in countries such as American also strengthened for currency trading regulation,2013Years10Month USA "Silk Road" the site was closed because of suspected money laundering, station master RossUhl Brett.Ross Ulbricht) was arrested.

     In China, no departments bitcoin made clear, which leads to the crazy disorderly development in reality. Some websites use the coins in a flagrant way to engage in illegal gambling, foreign exchange transactions. There are some websites use of illegal fund-raising fund-raising fraud or currency.2013Years10Month26Date, registered in HongkongGBLThe currency trading platform site closure, relevant management personnel disappeared. The platform had to absorb a large number of investors in the "currency" investment.

The current domestic bitcoin transactions mess to clean up and rectify the. The cleanup and rectification with adequate legal basis.

A, bitcoin "transaction" and "Circulation" in violation of "the people's Republic of China People's Bank Chinese method". The law of the16The clear provisions:"Legal currency of the people's Republic of China is the renminbi", and"Management of the issuance of RMB, RMB circulation"The agency also has uniqueness, namely, the people's Bank of China; Article20The provisions:"Any unit and individual shall print, issue promissory notes, to replace the circulation of RMB in the market". Bitcoin actually has "tokens" function, the network platform and business of bitcoin transactions has violated the law, should be dealt with in accordance with the law.

Two, the currency of the "transaction" and "Circulation" violation"The foreign exchange management regulations".　The ordinance of third clearly defined "Foreign exchange refers to the following payments and assets denominated in foreign currency that can be used for international settlement, including foreign currency payment documents or instruments, including bills, bank certificates of deposit, bank card etc.". Article eighth stipulates: "the people's Republic of China, the prohibition of foreign currency circulation, and not to the settlement of foreign currency valuation".Article forty-fifthClearly stipulates: "the authorization of the sale of foreign exchange, disguised trading, buying foreign exchange or illegally introduced the sale of foreign exchange in large amount, given a warning by the foreign exchange administrations, confiscate the illegal income, illegal amount30%Following a fine; if the circumstances are serious, illegal amount30%The above equivalence following a fine; constitute a crime, shall be investigated for criminal responsibility according to law". The currency as many countries recognized international means of payment, should be subject to the regulations, for the website and businessmen engaged in currency trading and use, should be investigated in accordance with the regulations.

Three, the virtual currency bitcoin does not belong to the limits Chinese laws and regulations "". A lot of the currency trading platform that in accordance with the relevant laws and regulations Chinese "virtual currency" legitimate business, this is wrong. The Ministry of culture and the Ministry of Commerce in the2009Issued "on the strengthening of the network game virtual currency management notice" clearly defined:"Network game virtual currency "as mentioned in this notice, is issued by the network game operation business, game user use legal currency according to a certain proportion of direct or indirect purchasing, exist in the game process, service for electromagnetic records stored in the network game operation business offers, a virtual exchange tool and in particular digital unit performance."The "notice" clearly"The use of virtual currency is only limited to the virtual services for the issuance of enterprise self provided, shall not be paid, buy the kind of products or exchange any product or service to other enterprises"The currency is not a game, but the issue of corporate, and it can be exchanged for real and monetary. Visible bitcoin with this kind of "virtual currency" is completely different, do not belong to the virtual currency law "". Even the business transaction services platform in the "virtual currency", also in accordance with the provisions of the administrative department of culture, to apply for the establishment of an operational Internet cultural entity for administrative license, the application report needs to be clearService (platform) mode, users buy mode (including cash, bank cards, online payment and other ways to buy), user rights protection, user accounts and real name bank account binding conditions, technical security measures.

So far, no currency trading platform was also impossible to obtain such administrative license.

Four, the currency trading platform in violation of the "Telecommunications Regulations", "Internet information services management approach" and other telecommunications management regulations, "illegal business behavior".

"Telecommunications Regulations"Article seventh stipulates: "the state of telecommunications business according to the business classification, licensing system. The operation of telecommunications services, must obtain the administrative department of the information industry under the State Council or provincial, autonomous region issued by the telecommunications administration authorities of municipalities directly under the central government, the telecommunications business license in accordance with the provisions of this ordinance. Has not obtained the permits for operation of telecommunication business, any organization or individual shall not be engaged in telecommunications business." Internet information service is one of the value-added telecom services the law."Internet information services management approach"Article fourth stipulates: "the State shall adopt a licensing system for the management of Internet information services; for non profitable Internet information service for the implementation of the system. Failure to obtain a license or not filing procedures, and shall not engage in Internet information services." The currency trading platform for "transaction cost" or "the fee" or "advertising business", which belongs to the "business" Internet information services.

The currency trading platforms have not made nor obtained the "license" business Internet information services business, some sites even record didn't do. This behavior to constitute the "illegal business behavior", shall be punished according to law.

Five, use the currency to engage in gambling, money laundering, bribery, illegal fund-raising fraud, shall be punished in accordance with the relevant provisions should be "criminal law of the people's Republic of". The currency has "value function" and "function" can become the crime "elements of the object", the related criminal behavior bitcoin should not be placed in the legal jurisdiction outside.

The currency's future, who are not sure. But in the current Chinese "foreign exchange is not the free flow and exchange" financial management system, in the high incidence of corruption crimes, economic crimes, because of legal currency trading platform is not possible, clean up and rectify the currency trading platform is sooner or later. But it was too early, too late, is the inevitable collapse the currency trading platform more, more "investors" capital, as well as to quell public anger and a lot of be related operators "illegal business crime", "crime of illegal fund-raising" and "fraud" case etc..

If the relevant departments consider these currency trading platform is legitimate, it should also make clear, to give the operator related platform an "amulet", avoid future "settle accounts with sb. afterwards".

Postscript: after the article was published, many netizens provides some very professional point of view, thank you very much. These ideas for some legal problems controversy, this probably is summarized as follows:

A,Bitcoin Is it right? "Promissory notes"

Supporters say: in accordance with the people's Bank China in "About the shopping card cognizance letter "for the"Limit the promissory notes" four elements, i.e.:One is a certain amount of money; the two is to use indefinitely or for a certain period of use, which has a span of certain in time; three is used in a certain range and circulation, can buy goods not specific; four is not registered, do not report the loss. Bitcoin is consistent with the above characteristics, should be regarded as the"Promissory notes".

Opponents argue that "promissory notes:" should be printed, bitcoin is the generation of the network, there is no printed situation.

Two,Bitcoin Is it right? "Foreign exchange"

Supporters say: the currency in some parts of the country have been identified as "money", so to Chinese, only the RMB is the legal currency, the currency should be recognized as "foreign exchange assets denominated in foreign currency".

Opponents argue that: foreign currency in the foreign exchange management regulations and no definition, can not be identified bitcoin is "foreign exchange".

But for some trading platform using the currency in the yuan and other foreign currency (dollar) illegal foreign exchange trading behaviors did not dispute the basic.

Three,Virtual currency is not the Ministry of Culture issued "".

Some people insist that the currency is the virtual currency issued the "Ministry of culture". In fact, this argument does not have what meaning, if the Ministry of culture of the "virtual currency", then the relevant business must obtain the network culture operation license, obtain such a license may not existing trading platform, it is illegal.

Four,On the violation of the Telecommunications Regulations, less controversial.

Extensive controversy and discussion, will give the relevant legislation in the future will be very useful, this is a good thing for the improvement of Chinese law. Welcome to continue to put forward their own point of view. (do not welcomeXHair and variousXAnd "shit")