中国区块链立法研究,区块链立法规范

近年来，随着区块链技术的发展，中国开始着手研究区块链立法。为了更好地促进区块链技术的发展，保护投资者和用户的利益，中国需要制定相关的法律法规，以此来指导区块链技术的发展。

区块链立法的目的是促进区块链技术的发展，更好地保护投资者和用户的利益。通过立法，可以避免以下问题：

首先，区块链技术可能会带来一些不利的影响，如投资者的资金可能会被操纵，或者可能会面临法律风险。因此，立法可以帮助投资者更好地保护自己的权益。

其次，立法可以帮助投资者更好地理解区块链技术，以便他们能够更好地利用这项技术。

此外，立法还可以规范区块链行业，确保其遵守法律规定，以便更好地发展。

最后，立法还可以帮助区块链技术更好地服务于社会，从而为社会带来更多的福利。

总之，区块链立法规范的目的是为了促进区块链技术的发展，更好地保护投资者和用户的利益，并为社会带来更多的福利。中国正在着手研究区块链立法，以此来规范区块链行业，更好地发展区块链技术。

① Is defi blockchain legal in China?

Legal analysis: Blockchain is legal in China.

Legal basis: "Announcement on Preventing Token Issuance and Financing Risks" 2. No organization or individual may illegally engage in token issuance and financing activities

From the date of this announcement, each Quasi-token issuance and financing activities should be stopped immediately. Organizations and individuals that have completed token issuance and financing should make arrangements such as liquidation and withdrawal, reasonably protect the rights and interests of investors, and properly handle risks. Relevant departments will seriously investigate and deal with illegal activities that refuse to stop token issuance and financing activities and completed token issuance and financing projects in accordance with the law.

② Tencent takes the lead in establishing the first international standard project for blockchain digital collections

Specifically, this international standard will focus on the technical architecture and technology of blockchain-based digital collection services. Standardization of processes, functional requirements and security requirements will help promote global recognition and consensus on the overall technical framework of digital collection services, enhance the value storage, value discovery and value transfer capabilities of digital collections, and promote the standardized application of digital collections .

It is reported that the International Telecommunication Union (ITU) is one of the three major international standardization organizations. Its members include more than 190 countries and more than 900 companies and academic institutions. It is the most influential and participating country and academic institution in the world. One of the most authoritative national standards organizations with the largest number of members. The successful establishment of this international standard project also marks that the technological exploration of my country's technology companies in the field of digital collections has been internationally recognized.

In fact, Tencent currently has rich practical experience in the field of digital collections. In July 2021, the Tencent Zhixin Chain team took the lead in launching the compliant and open digital collection technology service "Yuan Commodity Agreement" in China, which can accommodate various businesses to build a digital collection application platform based on the agreement. Only half a year after its launch, the Zhixin Chain team has successively supported the implementation of 30+ digital collection projects, including the "Fu" cultural digital collection project of the People's Cultural and Creative Industries, the public welfare digital cultural creation project of Dunhuang Research Institute, Tencent QQ music digital collection platform, Xiao Red Book R-SPACE collection platform, China Literature Digital Collection Platform, Tencent SSV “Dreams in Painting” digital charity project, etc.

At the same time, in terms of promoting compliance in the digital collection industry, Tencent has been actively advocating and participating in the formulation of various industry self-discipline conventions, white papers, and industry standards to promote the standardized development of the industry. In September 2021, Tencent took the lead in establishing a project and formulating the group standard of "Blockchain Technology Digital Cultural Creation Application Specifications" at the China Blockchain Technology and Industry Development Forum; on October 31, 2021, Tencent and the National Copyright Trading Center Alliance, The China Academy of Art, Ant Group and others jointly released the "Self-Discipline Convention for the Digital Cultural and Creative Industry"; on December 22, 2021, the "Blockchain-Based Digital Collection Research Report" with Tencent core participation was published by the China Academy of Information and Communications Technology in the Trusted Blockchain Published at the summit.

Review: Tan Lugang

③ What do legal professionals think about the blockchain that everyone is paying attention to?

Law, as a mechanism for allocating social resources, is determined by the objective requirements of social and economic development. And directly affects the entire process of economic operation. It can simplify the complexity of social relationships, save transaction costs, and help members of society conduct transactions safely, standardized, and orderly.
Blockchain technology is based on the legal framework and makes transaction information more secure and transparent and data more traceable through preset automatically executed smart contracts, greatly reducing the cost of legal execution and showing the mutual complementarity of law and technology. The integration with the economy has gradually made legal constraints and execution more intelligent.
What is blockchain?
Blockchain is an innovative application model of distributed data storage, point-to-point transmission, consensus mechanism, encryption algorithm and other computer technologies in the Internet era.
Blockchain is essentially a decentralized distributed ledger database. It itself is a series of data blocks generated using cryptographic correlation. Each data block contains information on the effective confirmation of multiple Bitcoin network transactions, which is used to verify the validity of its information (anti-counterfeiting) and generate the next zone. piece.
Foreign legal regulations on blockchain
Since blockchain technology itself is still in the exploratory stage and has not been applied on a large scale, only some countries have introduced special legislation for blockchain technology. .
United States
Vermont and Arizona passed bills to clearly define and support blockchain technology for public use. The bill stipulates the usage specifications of blockchain and smart contracts, and also declares all regulations related to the district. Blockchain-related data are “considered to be in electronic format and become electronic records,” which the state recognizes.
UK
"Distributed Ledger Technology: Beyond Blockchain" mentioned that the British federal government will invest in blockchain technology to analyze the potential of blockchain in traditional financial industries.
Singapore
The government supports financial technology companies such as blockchain technology and has launched a regulatory sandbox to provide a more tolerant development environment for blockchain start-ups.
my country’s legal regulations on blockchain
In addition to the above-mentioned policies for the blockchain itself, the international community has introduced a series of regulatory regulations for virtual currencies such as Bitcoin.
In our country, in addition to policies for the trading and financing of virtual currencies such as Bitcoin, the government has also issued many policy regulations for blockchain.
On December 27, 2016, blockchain technology was included in the State Council’s “Notice on Issuing the National Informatization Plan for the 13th Five-Year Plan”. At the same time, the State Council also issued a document "my country's Blockchain Industry is Expected to Lead the World" to support the healthy development of blockchain.
The "Guiding Opinions of the General Office of the State Council on Actively Promoting Supply Chain Innovation and Application" mentioned that research and use of emerging technologies such as blockchain and artificial intelligence to establish credit evaluation based on supply chainprice mechanism. Promote the organic docking of various supply chain platforms and strengthen the disclosure and sharing of information such as credit ratings, credit records, risk warnings, illegal and untrustworthy behaviors.
The legal risks of blockchain technology in the eyes of lawyers
As a distributed system, blockchain is an innovative application in the field of technology. Judging from the current exploration results, its technical concept can provide various benefits to various industries. Industry development brings huge changes.
However, since the law has not yet issued clear industry standards and applicable specifications for blockchain, there will still be issues such as national supervision and legal regulation in the future.
Taking Bitcoin as a typical digital currency as an example, the first thing it faces is regulatory issues. Digital currencies such as Bitcoin developed based on blockchain technology are logically decentralized and opposed to centralized supervision.
Secondly, the application of blockchain technology also has to face huge risks. Still taking Bitcoin as an example, loss, theft, attacks, speculation, money laundering and various disturbances, doubts and incidents have always accompanied the development of Bitcoin.
The widespread application of blockchain technology is inseparable from smart contracts. The so-called smart contracts define commitments in the form of digital coding. The two parties to the transaction do not need to trust each other, and all transactions are enforced by code.
However, the form of smart contracts and the effectiveness of their contents have not been officially recognized by law and justice. It is not yet clear whether the contract text embodied in the form of digital encoding can constitute the requirements for a valid contract. Whether it can meet the authenticity, legality and validity of the evidence to be admitted in the judicial process.
Due to its decentralized nature, blockchain technology’s own rules will inevitably conflict and contradict with social rules and national legal rules. It is precisely conflicts and contradictions, risks and problems that can inspire more Motivation and imagination, including social, national and individual motivation and imagination.
Virtual currencies developed based on the application of blockchain technology have posed huge challenges to the legal currencies and financial systems of various countries during their transactions, and have caused investment risks and even social problems.

④ Which emerging fields has China participated in and formulated rules for the development of goods?

China has participated in the formulation of international rules for the sale of domestic products in many emerging fields, including some important fields and rules. Including:

Artificial intelligence: China is one of the largest artificial intelligence markets in the world, and it participates in discussions and rulemaking by international organizations, standardization bodies and expert groups, such as UNESCO "Principles of Artificial Intelligence Promoting Social and Economic Development" and the International Organization for Standardization's artificial intelligence standards.

Blockchain: China is at the forefront of the world in the application and development of blockchain technology. The Chinese government supports the innovation and development of blockchain technology and participates in the formulation of rules by international organizations and standardization bodies, such as the International Organization for Standardization’s blockchain standards.

E-commerce: China is one of the world’s largest e-commerce markets and its participation inIt also provides for the formulation and coordination of international e-commerce rules, such as the E-commerce Agreement of the World Trade Organization.

5G: China is one of the largest 5G markets in the world. It participates in the rule formulation and coordination of international organizations and standardization bodies, such as the 5G standards of the International Telecommunications Union.

Cybersecurity: China attaches great importance to cyber security and participates in the formulation and coordination of cyber security rules by international organizations and standardization agencies, such as the United Nations' cyber security principles and the International Organization for Standardization's cyber security standards.

⑤ Wu Zhongze, former Vice Minister of the Ministry of Science and Technology: The basic theoretical research of blockchain must be strengthened

Wu Zhongze said that although the theoretical technology of blockchain has been applied for more than ten years, But from a global perspective, the core technology involved in the blockchain system is far from reaching a mature stage and is in an early stage. Therefore, there is not a big gap between the starting line between China and developed countries such as the United States and Europe. It is an opportunity for China to catch up and surpass, and it can run alongside or even lead. Some core technologies, such as consensus mechanism issues, programmable contract issues, distributed storage issues, digital signature issues, network security issues, etc., are all core technologies that require efforts to break through, and some are even "stuck". neck" problem.

Wu Zhongze believes that my country's blockchain technology is currently continuing to innovate, and the industrial ecology has initially taken shape: from upstream hardware manufacturing, platform services, and security services to downstream industrial technology application services, and then to Industry investment and financing, media, talent services, etc. that ensure industrial development are working together to promote the rapid development of the blockchain industry in an orderly manner.

“Currently, there are still many pain points in traditional financial fields such as supply chain finance, asset securitization, bulk transactions, and insurance: many participating nodes, high credit reporting costs, long transaction processes, and low efficiency. It can be solved by the application of blockchain," Wu Zhongze said.

Regarding how to develop blockchain, Wu Zhongze put forward six suggestions:

First, blockchain technology should be closely integrated with new infrastructure. At present, the industry applications of blockchain are gradually extending from the digital financial field to the physical and service fields, including the Internet of Things, intelligent manufacturing, supply chain management, digital asset transactions and other fields. Extensive exploration has begun, and preliminary results have been achieved. effectiveness. Especially with the rapid advancement of new infrastructure, blockchain will bring new opportunities for the integrated development of new generation infrastructure such as 5G, artificial intelligence, data centers, and the industrial Internet, and is expanding new application spaces.

The second is to establish and improve the blockchain innovation system. He believes that it is necessary to establish a blockchain technology innovation system with enterprises as the main body, market as the guide, and deep integration of industry, academia and research to exert enthusiasm.

The third is to accelerate the development of blockchain standardization, actively participate in the formulation of international standards, and enhance the country’s international voice in the development of blockchain.

The fourth is to strengthen the construction of blockchain talents. Wu Zhongze said that when communicating in various regions, he will find that party and government leaders in many places attach great importance to blockchain technology and hope that experts will explain what blockchain is all about. However, because I have had little exposure to it in the past and the technology is indeed relatively new, I still have difficulties in understanding it. Therefore, it is necessary to cultivate new talents, strengthen the construction of the talent team through institutional innovation, and establish a complete training system for blockchain professionals. This can be done through joint training with colleges and universities, creating training platforms, and introducing leading talents and high-level talents urgently needed for blockchain development. Strengthen the professional guidance of blockchain by forming an innovation team and establishing an expert consulting agency.

Fifth, we must uphold integrity and innovate, and establish an industry safety guarantee system. What is integrity and innovation? That is to say, pay attention to risk prevention, such as strengthening industry self-discipline and implementing safety responsibilities. "It is very important to be honest and innovative. Blockchain technology is very good. We must prevent some people from fishing in troubled waters and taking this opportunity to make a fortune and destroy good technology."

The sixth is to start the blockchain legislative process, thus occupying the commanding heights in international competition.

⑥ What is blockchain? If you understand these 9 questions, you will understand

What is blockchain? If you understand these 9 questions, you will understand
What is blockchain? What can blockchain do? How to make money with blockchain? I believe that many netizens are confused when faced with this new term. So how can we better understand blockchain and make this new technology available to us? The author has collected nine very common questions from the Internet. I hope that after reading this article, you will have a clearer understanding of blockchain.

Nearly omnipotent blockchain technology
Simply put, blockchain is a new application model of computer technologies such as distributed data storage, point-to-point transmission, consensus mechanism, and encryption algorithms. Its core is distributed data, and the result is "decentralization." Blockchain technology can be applied to many scenarios in our lives. Next, let’s take a look at the analysis of blockchain technology!
1. Technology is a double-edged sword. While you are still using your mobile phone to play games, others are already using their mobile phones to make money every month! I want to try Jiaerwu Wuyi Wuba Lingyi Lacquer to make your mobile phone no longer a toy!
Just like nuclear energy is a physical technology, blockchain is an underlying technology at a technical level.
Nuclear energy can be used for atomic bombs and nuclear power generation. Similarly, blockchain can be used for the management of industries and life elements, which may make society more stable, or it may be used by bad guys as the fastest way to commit crimes. .
2. Talking about technical value apart from the application level is muddying the waters
As the underlying technology, blockchain has its application level and negotiation methods. Currently, some people talk about blockchain in terms of business models, some in terms of hardware, and some people talk about blockchain in terms of power distribution. What is gradually becoming clear in the market is that the districtBlockchain is used in the design of technology combinations and business models, from hardware to software to business model to financial design and many other aspects. But not every blockchain can issue coins, and not every blockchain should issue coins.
3. Technology is decentralized, but the application is not necessarily
Blockchain technology is decentralized, but it can be decentralized or not in upper-layer applications. If it is applied to things, industries and projects that cannot be decentralized, it is not decentralized; if it is used to things where everyone can participate universally and have equal authority, then it can be decentralized.
Including coins on the blockchain, if a country adopts legal digital currency, the coins on the blockchain can also be centralized. The blockchain that supports the operation of Bitcoin is decentralized, but the alliance chain usually has one or more enterprises as the core control alliance, which becomes centralization.
Technology itself and what kind of business and political ecology the technology can support are completely different things.
4. What kind of people use what kind of tools
As a powerful tool, blockchain is powerful not only because of technology, but also because many talented people have invested in it. field, causing the energy of this technology to be amplified. As for whether the power of blockchain benefits society or cuts leeks? It is possible to make the world more turbulent or to make society more harmonious and beautiful.
On the positive side, more kind-hearted people will come in and reach more consensus, and there will be more legislation, restrictions and norms at the national level, which will ultimately allow us to use this technology to give more people opportunities; on the negative side, In other words, it is possible that more greedy and unethical people will come in to divide the wealth, and it is even possible that people in some countries and regions will use this new technology to commit crimes and terrorism.
5. Blockchain promotes the globalization of civilians
Under the blockchain, the global connection space is closer. The 6-degree space will become 5 degrees or even 4 degrees in the future. Blockchain can inspire The growth of various communities. The globalization of interest groups will become inevitable, and there will be various international communities and summits in the future.
6. Blockchain facilitates co-creation
For example, in the past, the connection between international singers and ordinary people had to go through several barriers, including record companies, agents, sales channels, etc. In the blockchain era, international singers publish their songs under blockchain technology. Everyone has the possibility to become a partner of an international singer, write songs for the international singer, or purchase Tokens to obtain dividend rights from distribution proceeds, etc., and enjoy records. Proceeds from distribution and downloads.
7. Trust will become convenient and low-cost
The combined effect of artificial intelligence, big data and blockchain can resolve disputes at the factual level. The tamper-proof nature of the blockchain allows hundreds or even tens of thousands of machines to maintain the same data and encrypt it. Basic facts will be trustworthy. On this basis, the corresponding contracted and authorized information cannot be changed. Replace manual systems with machines to break loopholes and cheating in manual operationsEven the possibility of corruption allows everyone’s information to be confirmed to be true and credible.
On this basis, if the trust level of the business system is good, trust between people will be enhanced in the process of implementing the designed system.
8． Interaction leads to creativity, and creativity generates income
Blockchain is a comprehensive ledger. Some exchanges are just ideas and creativity at the moment, but they may be the starting point of a certain career or even industry in the future. In the previous accounting system, there may not be value. However, under blockchain technology, values ​​that are not yet seen can be recorded. If this leads to products, creative people can benefit. Various human activities may be valuable, creative, and worthy of recording.
Extended from this, a better application of blockchain can record creative related models, introduction of business opportunities, etc., and put valuable things in an ecosystem. Blockchain can create new ones. A cooperative approach.
9. There will be more legal supporting facilities in the future
The world of blockchain is not a disorderly world. Technology will be used by people, and people are rational.
Records can resolve various factual disputes, and can also cause more issues such as authorization rights, patent and creative copyright management, and many other issues. In the future, there will be more legal support, which can not only standardize and manage service consumption and life, but also avoid related risks and problems, avoid and combat crime

⑦ Is blockchain digital currency legal

Blockchain digital currency is illegal in China. As early as September 2017, multiple official departments such as the central bank and the China Banking Regulatory Commission issued documents prohibiting the circulation and trading of digital currencies in China. Therefore, digital currencies are illegal in China.

Blockchain technology is recognized by the country, but because my country’s blockchain digital currency transactions do not have a complete regulatory mechanism, the country will ban digital currency transactions in the short term. to protect the legitimate rights and interests of the general public. In fact, the country is certain of the benefits of blockchain, but the emergence of blockchain has given criminals an opportunity to take advantage of it. Since most people don’t understand blockchain, they “give” their funds to the criminals after being coaxed by them. It is precisely because of this that the state has stopped the development of blockchain digital currency transactions, mainly to protect the masses.

However, the Cyberspace Administration of China issued the "Blockchain Information Service Management Regulations" on January 10, 2019, and began to implement them on February 15, 2019. In the "Blockchain Information Service Management Regulations", the state clarified the management measures for blockchain information services to promote the healthy development of blockchain technology and related services. It shows that the country has already established sound blockchain management methods. It is believed that in the near future, blockchain digital currency will become a legal project in the country.

⑧ Political life knowledge, analysis of how to use blockchain technology for governance

Blockchain technology is modern information technology, and it is necessary to use this technology for governance

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Adhere to the unity of the party's leadership, the people being the masters of the country and the rule of law, and adhere to the people-centered idea.

The government must adhere to administration in accordance with the law and use power prudently. Legal responsibilities must be fulfilled and cannot be performed without the authorization of the law.

State power agencies must legislate in accordance with the law, provide legal guarantees, and strengthen supervision.

Other state agencies perform their respective duties in accordance with the law and pay attention to information security.

⑨ How to view the country’s accelerated promotion of blockchain technology

1) First, clarify the technical value and positioning of blockchain. As I said at the beginning, give blockchain The positioning of the chain should take the blockchain as a core technology and an important breakthrough for independent innovation.
2) Blockchain, the Internet, and artificial intelligence must be regarded as technologies of the same level, and blockchain must officially enter the category of hard technology development.
3) It points out the development and application direction of our blockchain, including the speech mentioned in this speech that blockchain technology has extended to digital finance, Internet of Things, intelligent manufacturing, supply chain management, digital asset transactions, etc. In terms of application, some regulatory or legal issues will inevitably arise during the application process. What instructions were given in this speech? He mentioned that network governance according to law should be implemented into the management of blockchain and promote the safe and orderly development of blockchain.
4) Regarding the more important points of application and development, it is mentioned that blockchain can move from reality to reality, empower entities, improve people's livelihood, gain industrial advantages, and better serve the development of the entire industrial economy. In fact, through the study of blockchain technology, from one aspect or the signal released, it expresses the attitude towards innovation and leading of blockchain. I hope that in the development of blockchain, we can first have our own core technology, and we must In today's fierce international competition, we are in a leading position.
5) It is to enhance market confidence in the entire blockchain industry, especially in the application and development of blockchain technology. This has greatly improved market confidence, which is bound to attract more people in the next period of time. More, including the capital market and more talents and research applications will enter this field. More capital, more manpower, and more other social-related aspects including the rule of law and legislation, and multi-faceted attention, will better promote the application and implementation of the entire blockchain technology. This is my opinion on the area. Four points or summary of blockchain technology learning.
If you have been paying attention to blockchain for a long time, in fact, from the national level, including the "13th Five-Year Plan", blockchain technology has been included in the "13th Five-Year Plan" as an important link with artificial intelligence, Big data and cloud computing are being developed as parallel technologies, including the introduction in the second half of 2018, when the Cyberspace Administration of China issued a filing for blockchain application services, which actually affects the development of the entire blockchain from all aspects. Act as a positive guide or protector.
Of course, when it comes to blockchain, you may also think of blockchain in terms of currency speculation and the like. In fact, digital currency is only a relatively narrow field in the field of blockchain.In the field, we now include support from the mainstream of modern society or the national level, more support for the application of blockchain technology in real industries, empowering the development of real industry economies
The core advantage of blockchain technology is to Centralization can realize point-to-point transactions, coordination and collaboration based on decentralized credit in a distributed system where nodes do not need to trust each other through the use of data encryption, timestamps, distributed consensus and economic incentives, thereby solving the problem of centralization It provides a solution to the problems of high cost, inefficiency and insecure data storage prevalent in institutions.
The application fields of blockchain include digital currency, certificates, finance, anti-counterfeiting and traceability, privacy protection, supply chain, entertainment, etc. With the popularity of blockchain and Bitcoin, many related top domain names have been registered. , which has had a relatively large impact on the domain name industry.