区块链产业应用原则法规有哪些,区块链产业应用原则法规是什么
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⑴ How to achieve legal compliance for blockchain projects
Domestic blockchain projects are still relatively conservative. Blockchain projects always involve a derivative industry. It’s digital currency trading. If you want to do a project but it’s not allowed in China, what should you do? You can register a non-profit foundation in Singapore, and add relevant legal opinions to prove that the project you do does not violate Singapore's current laws and regulations. Examples of Bytom, Litecoin, etc. are such operations.
After registering the foundation body, you still need to complete legal compliance in the later stage. The main purpose is to draw a clear line between illegal and criminal activities, but you have no say in it. Because those who do blockchain must have digital tokens. To put it bluntly, digital currency drives the popularity of blockchain in China, but what are the facts? Digital currency is just a small application of blockchain technology.
Due to the particularity of the industry, there are currently no formal laws and regulations to restrict its development. It involves a wide range of violations:
pyramid selling
illegal fund-raising
money laundering
Absorbing public deposits
Illegal operations
Transnational foreign exchange crime
Provides more convenience for terrorist financing
So various countries in the world treat blockchain Attitudes are also different. China has banned it, so everyone is developing projects overseas, such as Singapore and Thailand. The first thing that needs to be complied with is local laws and regulations. Who has the final say on whether the project is legal? Two ways: apply for a formal digital transaction license or rely on a legal opinion issued by a lawyer. At present, most of them are the latter, which are easy to operate and cost little.
⑵ What are the policies to accelerate the research and development and industrialization of blockchain technology?
In order to speed up the research and development and industrialization of blockchain technology, the government can adopt a series of policy measures. First, investment in the blockchain industry must be increased to provide enterprises and researchers with sufficient funds to develop new applications. Secondly, corresponding laws and regulations must be implemented to promote industry standardization, regulatory compliance, risk management, and market competition. In addition, it is necessary to publicize, educate and promote Sprocket blockchain technology; and carry out some national strategic talent training such as "learning talents". In short, through the above methods to promote_
⑶ When will the blockchain industry have standards or guidelines?
In September 2016, the International Organization for Standardization (ISO) established a regional The Blockchain and Distributed Accounting Technical Committee (ISO/TC 307) is responsible for formulating international standards in the field of blockchain and distributed accounting technology. In March 2017, China Electronics Technology Standardization Institute assumed the role of ISO/TC 307 domestic technical counterpart unit. In December 2019, the Ministry of Industry and Information Technology organized the establishment of the National Blockchain and Distributed Accounting Technology Standardization Technical Committee. The unit responsible for the secretariat is the China Electronics Technology Standardization Institute. Currently, China Electronics Technology Standardization Institute is responsible for blockThe chain system conducts software tests to see if it meets the blockchain standards. After passing the test, relevant certificates are issued. The Shenzhen blockchain industry will accelerate the development of standardization. On June 11, the 4th China Blockchain Development Competition and Blockchain National Standards and System Testing Standards Guangdong Seminar were held in Shenzhen. The first blockchain standardization evaluation workstation that can professionally carry out national standard application testing took the lead in Shenzhen. established.
⑷ According to the blockchain information service management regulations, what blockchain information services and what are not allowed to use blockchain information services
Article 1 In order to regulate blockchain information service activities, To safeguard national security and social public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy development of blockchain technology and related services, in accordance with the "Cybersecurity Law of the People's Republic of China", "Internet Information Services Management Measures" and the "State Council "Notice on Authorizing the Cyberspace Administration of China to Responsible for the Management of Internet Information Content", formulates these regulations. Article 2 Those engaged in blockchain information services within the territory of the People's Republic of China must comply with these regulations. If laws and administrative regulations provide otherwise, such provisions shall prevail. The term "blockchain information services" as mentioned in these regulations refers to the provision of information services to the public through Internet websites, applications, etc. based on blockchain technology or systems. The term “blockchain information service provider” as mentioned in these regulations refers to the subject or provider node that provides blockchain information services to the public, as well as the institutions or organizations that provide technical support to the subjects of blockchain information services; Blockchain information service users refer to organizations or individuals who use blockchain information services. Article 3 The Cyberspace Administration of China shall be responsible for the supervision, management and law enforcement of blockchain information services nationwide in accordance with its duties. The Internet Information Offices of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the supervision, management and law enforcement of blockchain information services within their respective administrative regions according to their responsibilities. Article 4 encourages blockchain industry organizations to strengthen industry self-discipline, establish and improve industry self-discipline systems and industry standards, guide blockchain information service providers to establish and improve service specifications, promote the construction of industry credit evaluation systems, and supervise blockchain information service providers Provide services in accordance with the law, accept social supervision, improve the professional quality of blockchain information service practitioners, and promote the healthy and orderly development of the industry. Article 5 Blockchain information service providers shall implement information content security management responsibilities and establish and improve management systems for user registration, information review, emergency response, and security protection. Article 6 Blockchain information service providers shall have technical conditions suitable for their services. For information content prohibited by laws and administrative regulations, they shall have immediate and emergency response capabilities and technical solutions for the release, recording, storage, and dissemination of information content prohibited by laws and administrative regulations. It should comply with relevant national standards and specifications. Article 7 Blockchain information service providers should formulate and disclose management rules and platform conventions, sign service agreements with blockchain information service users, clarify the rights and obligations of both parties, and require them to promise to abide by legal regulations and platform conventions. Article 8 Blockchain information service providers shall comply with the provisions of the "Cybersecurity Law of the People's Republic of China"It is stipulated that the real identity information authentication of blockchain information service users shall be based on organization code, ID number or mobile phone number. If users do not authenticate their real identity information, blockchain information service providers shall not provide relevant services for them. Article 9 If a blockchain information service provider develops and launches new products, new applications, or new functions, it shall report to the national and provincial, autonomous region, or municipality Internet Information Office for security assessment in accordance with relevant regulations. Article 10 Blockchain information service providers and users shall not use block chain information services to engage in activities that endanger national security, disrupt social order, infringe upon the legitimate rights and interests of others, or other activities prohibited by laws and administrative regulations, and shall not use block chain information services to produce , copy, publish, and disseminate information content prohibited by laws and administrative regulations. Article 11 Blockchain information service providers shall fill in the name, service category, and service form of the service provider through the Blockchain Information Service Registration Management System of the Cyberspace Administration of China within ten working days from the date of provision of services. , application fields, server address and other information, and perform the filing procedures. If a blockchain information service provider changes its service items, platform URL, etc., it shall go through the change procedures within five working days from the date of change. If a blockchain information service provider terminates its services, it shall go through the cancellation procedures thirty working days before terminating its services and make appropriate arrangements. Article 12 After receiving the filing materials submitted by the filing party, the national and provincial, autonomous region, and municipality Internet Information Offices shall, if the materials are complete, be filed within twenty working days, issue a filing number, and pass the filing through the State Internet Information Office District The blockchain information service filing management system publishes filing information to the public; if the materials are incomplete, the filing will not be granted, and the filing person will be notified within twenty working days and the reasons will be explained. Article 13 Blockchain information service providers that have completed registration shall indicate their registration number in a prominent position on the Internet websites, applications, etc. that provide services to the outside world. Article 14 The Internet Information Office of the state and provinces, autonomous regions, and municipalities directly under the Central Government shall conduct regular inspections of blockchain information service registration information. Blockchain information service providers shall log in to the blockchain information service registration management system within the specified time and provide relevant information. Article 15 If the blockchain information services provided by a blockchain information service provider have potential information security risks, they must make rectifications and comply with laws, administrative regulations and other relevant provisions and relevant national standards before they can continue to provide information services. Article 16 Blockchain information service providers shall, in accordance with the law and in accordance with the contract, take warnings, return restrictions, account closure and other disposal measures for blockchain information service users who violate laws, administrative regulations and service agreements. Take corresponding measures to deal with illegal information in a timely manner to prevent the spread of information, save relevant records, and report to the relevant competent authorities. Article 17 Blockchain information service providers shall record information such as content and logs released by blockchain information service users, record backups shall be kept for no less than six months, and shall be provided when relevant law enforcement authorities inquire according to law. eighteenthArticle 1 Blockchain information service providers shall cooperate with the supervision and inspection implemented by the cybersecurity and informatization department in accordance with the law and provide necessary technical support and assistance. Blockchain information service providers should accept social supervision, set up convenient complaint and reporting portals, and handle public complaints and reports in a timely manner. Article 19 Blockchain information service providers violate Article 5, Article 6, Article 7, Article 9, Article 11, Paragraph 2, Article 13, Article 15, Article 10 of these Regulations As stipulated in Articles 7 and 18, the national and provincial, autonomous region, and municipal Internet information offices shall give a warning in accordance with their duties and order them to make corrections within a time limit. The relevant business shall be suspended before making corrections; if they refuse to make corrections or the circumstances are serious, they shall also be fined 5,000 yuan. A fine of not less than 30,000 yuan but not more than 30,000 yuan shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 20 If a blockchain information service provider violates the provisions of Articles 8 and 16 of these Regulations, the Internet Information Office of the country and provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with their duties and in accordance with the provisions of the Cybersecurity Law of the People's Republic of China, be processed. Article 21 If a blockchain information service provider violates the provisions of Article 10 of these Provisions by producing, copying, publishing, or disseminating information content prohibited by laws and administrative regulations, the Internet Information Office of the country, provinces, autonomous regions, and municipalities directly under the Central Government shall, on the basis of Responsibilities include giving a warning and ordering correction within a time limit, and relevant business should be suspended before correction; if the violation is refused or the circumstances are serious, a fine of not less than RMB 20,000 but not more than RMB 30,000 will be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. If users of blockchain information services violate the provisions of Article 10 of these regulations and produce, copy, publish, or disseminate information content prohibited by laws and administrative regulations, the national and provincial, autonomous region, and municipality Internet Information Offices shall, in accordance with relevant laws and administrative regulations, regulations will be dealt with. Article 22 If a blockchain information service provider violates the provisions of Article 11, Paragraph 1 of these Regulations, fails to perform registration procedures in accordance with these Regulations or fills in false registration information, the Internet Information Office of the country, province, autonomous region, or municipality directly under the Central Government shall In accordance with their duties, they shall be ordered to make corrections within a time limit; if they refuse to make corrections or the circumstances are serious, they shall be given a warning and fined not less than RMB 10,000 but not more than RMB 30,000. Article 23 Those who engage in blockchain information services before the promulgation of these regulations shall complete relevant procedures in accordance with these regulations within 20 working days from the date when these regulations come into effect. Article 24 These regulations will come into effect on February 15, 2019.
⑸ What impact does blockchain technology have on current laws?
The impact of blockchain technology on current laws mainly includes the following points:
p>1. Blockchain technology will impact the existing rules of property law. Article 2 of the current Property Rights Law stipulates that the property in this law includes movable property, immovable property and property rights stipulated by law. With the development of blockchain technology, information data, virtual property, digital currency or digital bills generated based on blockchain technology have challenged traditional property rights laws. It is difficult to determine their ownership under current property rights laws. Whether its ownership can be clarified in the future The ownership and implementation of transactions in the financial field are issues worth considering.
Also, go to ChinaHow to establish, change or eliminate the usufruct rights and security rights of these virtual properties in the centralized blockchain is also difficult to match the provisions of the current property rights law. In addition, if blockchain technology is used for property rights registration such as real estate, vehicles, ships, etc., it will also change the existing rules and methods of property rights registration. Future property rights laws need to sort out and clarify these issues.
2. Blockchain technology will reshape contract law. Smart contracts generated based on blockchain technology will change the rules of the current contract law. The way in which the intention of a smart contract is expressed will be greatly different from the way in which the parties to a contract enter into an expression of intention in the current contract law. Under what circumstances Issues such as consensus of intention and agreement need to be clarified in contract law. In addition, smart contracts can be automatically executed, or it can be said to replace human performance of contracts. Therefore, the relevant provisions of contract performance under the current contract law may no longer meet the needs of smart contracts, and the rules of contract law may need to be changed or even restructured. Plastic.
3. Blockchain technology may lead to changes in corporate law rules. The application of blockchain technology in company industrial and commercial registration will help simplify the company's industrial and commercial registration process and improve its reliability. The application of smart contracts will lead to the de-manualization of equity changes. The election of company shareholders and directors as well as the resolutions of shareholders' meetings and board of directors can also be written into the blockchain for reliable records. The company law needs to confirm the effectiveness of using blockchain technology for industrial and commercial registration and recording company resolutions.
4. The widespread application of blockchain technology in the financial field will lead to changes in financial laws and regulations such as securities law, currency law, foreign exchange management law, banking law, bill law, and insurance law. Some of them require fundamental changes. changes and system reconstruction, some need to be adjusted according to the specific application of blockchain technology.
⑹ How is blockchain used in the legal field?
Using blockchain technology to deposit and issue electronic evidence is the application of blockchain technology in the legal field. Foundation.
Blockchain technology can be used to securely protect electronic data, prevent tampering, and perform data processing throughout the entire life cycle of electronic data generation, collection, transmission, and storage. Traces of operation.
Use blockchain technology to preserve electronic evidence, record the electronic data that needs to be deposited in the form of transactions, stamp it with a timestamp, and record it in the block, thereby completing the process of data preservation and evidence depositing. process. During the data storage process, multiple participating nodes jointly witness and jointly maintain a distributed ledger, thus greatly reducing the possibility of data loss, tampering, and attack.
The combination of blockchain and electronic data storage can reduce the cost of electronic data storage, facilitate electronic data collection and evidence identification, and improve litigation efficiency.
⑺ How to accelerate the application of blockchain technology and industrial development
Recently, the Jiangxi Provincial Department of Industry and Information Technology and the Provincial Cyberspace Administration of China jointly issued the "Jiangxi Province Accelerates the Application of Blockchain Technology" and Industrial Development Implementation Opinions", put forwardBy 2025, the comprehensive competitiveness of the province’s blockchain industry will be fully enhanced. Create 2 to 3 blockchain industry development clusters. Clearly build a famous blockchain park, cultivate famous blockchain enterprises, and create famous blockchain products.
Based on "blockchain + judicial + application", Yibaoquan has successfully built a one-stop service platform for blockchain applications by deeply cultivating the underlying technology of blockchain and expanding judicial service capabilities, providing enterprises and government agencies with , individuals provide four innovative product services of "electronic data storage, electronic contracting, Internet justice, and original protection", which can effectively solve the pain points of traditional business cooperation and judicial rights protection, completely transform the traditional business model, and create a new digital business infrastructure.
In the field of electronic data storage, Yibaoquan's "Preservation Chain" is based on blockchain technology and synchronizes multiple judicial institutions such as notary offices, arbitration committees, and courts, which can effectively solve the "difficulties in obtaining evidence" of electronic data. ", "difficulty in dispute resolution", "difficulty in evidence management" and other pain points, turning electronic data into effective electronic evidence.
In the field of electronic signing, Yibaoquan's "Junzi Sign" can help enterprises and institutions solve the problems encountered in traditional paper contracts: chaotic seal management, high operating costs, easy tampering, difficult contract search, and easy documents. Problems such as loss.
In the field of Internet justice, Yibaoquan's "Zhongzhengbao" can help notary institutions solve traditional notarization problems such as cumbersome procedures, inefficient processing, long on-site processing, and the inability to obtain customers in batches.
In the field of original protection, Yibaoquan's "micro-copyright" helps enterprises and individual users solve problems such as slow confirmation of rights, difficulty in monitoring, difficulty in obtaining evidence, difficulty in pursuing blame, and difficulty in safeguarding rights in the traditional copyright process.
⑻ What is the country’s policy on blockchain?
Currently, the country has a recognized attitude towards blockchain technology. For independent blockchain Technology research and development is supported and encouraged. The country’s expectations for the blockchain industry are to be supported by specific implementation and application values. The future expectation for blockchain is that blockchain will become a breakthrough for independent innovation of core technologies. And blockchain is legal. Blockchain is a term in the field of information technology. In essence, it is a shared database, and the data or information stored in it has the characteristics of being unforgeable, leaving traces throughout the process, traceable, open and transparent, and collectively maintained.
1. The composition of the blockchain system:
1. Data layer
2. Network layer
3. Consensus layer
4. Incentive layer
5. Contract layer
6. Application layer
2. Types of blockchain
1. Public blockchain
2. Industry blockchain
3. Private blockchain
3. Blockchain Features
1. Decentralization. Blockchain technology does not rely on additional third-party management agencies or hardware facilities, and there is no central control. In addition to the self-contained blockchain itself, each node realizes self-verification, transmission and management of information through distributed accounting and storage. Decentralization is the most prominent and essential feature of blockchain.
2. Openness. The foundation of blockchain technology is open source, exceptIn addition to the private information of the transaction parties being encrypted, the blockchain data is open to everyone. Anyone can query the blockchain data and develop related applications through the public interface, so the entire system information is highly transparent.
Legal basis:
"Civil Code of the People's Republic of China"
Article 123 Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademarks;
( 4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout designs;
(7) New plant varieties;
(8) Other objects specified by law
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