区块链是合法吗?,区块链是违法的吗?
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⑴ Is the BlockNet trading platform legal?
It is not legal.
Blockchain trading platforms are virtual currency transactions and are not protected by law in our country.
Blockchain is a chain composed of blocks one after another. Each block stores a certain amount of information, and they are connected into a chain in the order in which they were generated. This chain is saved in all servers. As long as one server in the entire system can work, the entire blockchain is safe.
⑵ What is a blockchain link and is it legal?
Blockchain technology originated from Bitcoin and is the underlying supporting technology of Bitcoin. Blockchain is a technology that allows transactions to break through the traditional trust transaction model and centralized architecture to achieve transaction security in non-security environments. Legal basis: "Notice on Further Preventing and Dealing with Speculation Risks in Virtual Currency Transactions" 1. Clarify the essential attributes of virtual currencies and related business activities (2) Virtual currency-related business activities are illegal financial activities. Carry out legal currency and virtual currency exchange business, exchange business between virtual currencies, act as a central counterparty to buy and sell virtual currencies, provide information intermediary and pricing services for virtual currency transactions, token issuance financing, virtual currency derivatives transactions and other virtual currency related Business activities suspected of illegal sales of tokens, unauthorized public issuance of securities, illegal futures business, illegal fund-raising and other illegal financial activities are strictly prohibited and will be resolutely banned in accordance with the law. Those who carry out relevant illegal financial activities that constitute a crime will be investigated for criminal liability in accordance with the law.
⑶ Is the SAS blockchain legal?
The SAS blockchain is not legal. Five departments including the China Banking and Insurance Regulatory Commission issued a reminder saying that some lawless elements use "financial innovation" and "blockchain "" banner, absorb funds through the issuance of so-called "virtual currency", "virtual assets", "digital assets" and other methods, infringing on the legitimate rights and interests of the public. Such activities are not really based on blockchain technology, but are actually hyping up the blockchain concept to conduct illegal fund-raising, pyramid schemes, and fraud. They mainly have the following characteristics:
First, networked, cross-border The context is obvious. Relying on the Internet and chat tools for transactions, and using online payment tools to receive and disburse funds, risks have a wide scope and spread quickly.
Some criminals rent overseas servers to build websites and carry out illegal activities for domestic residents. Some individuals claim in chat tool groups that they have obtained investment quotas for high-quality overseas blockchain projects and can invest on their behalf, which is most likely a fraudulent activity. Most of the funds defrauded by these illegal activities flow overseas, making supervision and tracking difficult.
The second is that it is highly deceptive, tempting and concealable. They use hot concepts to create hype, and some also use celebrity "platforms" to promote, and use airdrops of "candy" as temptations, claiming that "the currency value will only rise but not fall" and "the investment cycle is short, the returns are high, and the risks are low", which is highly deceptive. .
In actual operation, criminals illegally make huge profits by manipulating the price trend of so-called virtual currencies behind the scenes and setting profit and withdrawal thresholds. In addition, some illegalMolecules also issue virtual currencies under various new names, or speculate on virtual currencies under the banner of the sharing economy, which is highly concealable and deceptive.
(3) Is blockchain legal? Further reading
The key elements of blockchain services registered with the Cyberspace Administration of China: Technically, it is a block The chain is a website or APP in form, the public in terms of object, and information services in terms of content.
According to the requirements of practical operation and filing guidelines:
(1) Platform model based on public chain, alliance chain and BasS;
(2) Blockchain mining pool services;
(3) Online media and community platforms based on blockchain technology;
(4) Financial services and solutions based on blockchain technology ;
(5) Blockchain services and applications in the physical field. Once the above involves providing information services to the public, it will be included in the category of "blockchain information services" regulated by the "Regulations".
⑷ Does the country recognize blockchain?
Legal analysis: The country currently has a recognized attitude towards blockchain technology and supports and encourages the research and development of independent blockchain technology. , the country’s expectation for the blockchain industry is to be supported by specific implementation and application value. The future expectation for the blockchain is that the 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. Based on these characteristics, blockchain technology has laid a solid foundation of trust, created a reliable cooperation mechanism, and has broad application prospects.
Legal basis: Article 123 of the Civil Code of the People's Republic of China: 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; < p>(4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law .
⑸ Are blockchain companies legal?
Legal subjectivity:Blockchain is a legal technology, but virtual currencies such as Bitcoin derived from this technology are not protected by our country’s laws. . my country's Civil Code stipulates that civil subjects enjoy intellectual property rights in accordance with the law; intellectual property rights are the exclusive rights enjoyed by rights holders in accordance with the law with respect to works, inventions, utility models, designs, trademarks and other objects.
Legal objectivity:Article 123 of the "Civil Code of the People's Republic of China" states that 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.
⑹ Is the BBGO blockchain legal?
Legal analysis: Blockchain technology can still be considered legal, and Bitcoin can be recognized worldwide. It is a virtual commodity and is protected by law; however, the legal status of blockchain technology as a "currency" has not yet been established in any country. This is also where blockchain technology support needs to work hard. If Bitcoin is not officially recognized as a currency by law, it may cause tax reporting inconveniences for merchants and individuals who accept it, because merchants accepting Bitcoin will be regarded as bartering transactions, which would Class transactions are more troublesome than ordinary transactions in terms of tax declaration.
Legal basis: "Regulations of the People's Republic of China on the Administration of RMB" Article 3 The legal currency of the People's Republic of China is RMB. All public and private debts within the territory of the People's Republic of China must be paid in RMB, and no unit or individual may refuse to accept the payment.
⑺ Blockchain Information Service Management Regulations
Article 1 is to regulate blockchain information service activities, safeguard national security and social public interests, and protect the rights and interests of citizens, legal persons and other organizations. Legitimate rights and interests, to 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 "Notice of the State Council on Authorizing the National Internet Information Office to be responsible for the management of Internet information content", Establish this provision. 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 entities or nodes that provide blockchain information services to the public, as well as the institutions or organizations that provide technical support to the entities of blockchain information services; the term "blockchain" as mentioned in these regulations refers to Chain 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, establish and improve user registration, information review, emergency response, security preventionNursing and other management systems. 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, in accordance with the provisions of the "Cybersecurity Law of the People's Republic of China", collect the real identity information of blockchain information service users based on organizational codes, ID number or mobile phone number, etc. Certification. 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, service form, and application 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. Domain, server address and other information, and complete 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 shall be rectified and made in compliance with laws, administrative regulations and other relevant provisions as well as relevant national standards and specifications.Information services can continue to be provided. Article 16 Blockchain information service providers shall take warning, function restriction, account closure and other disposal measures against blockchain information service users who violate laws, administrative regulations and service agreements in accordance with the law and contract, and deal with illegal information content Take corresponding measures 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. Article 18 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; those who refuse to make corrections or the circumstances are serious shall 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 Provisions 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 twenty working days from the date when these regulations come into effect. Article 24 These regulations will come into effect on February 15, 2019.
⑻ Is the blockchain legal?
Legal analysis: The blockchain is completely legal and legal.Regular. Blockchain is a new application model of computer technology such as distributed data storage, point-to-point transmission, consensus mechanism, encryption algorithm, etc. It is a shared database, and the data or information stored in it has the characteristics of "unforgeable" and "full traces". Features such as "traceability", "openness and transparency" and "collective maintenance".
Legal basis: "Blockchain Information Service Management Regulations" of the State Internet Information Office
Article 4 encourages blockchain industry organizations to strengthen industry self-discipline, establish and improve industry self-discipline systems and industry Guidelines to guide blockchain information service providers to establish and improve service specifications, promote the construction of industry credit evaluation systems, urge blockchain information service providers to provide services in accordance with the law, accept social supervision, and improve the professional quality of blockchain information service practitioners. 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 the technical conditions suitable for their services. For information content prohibited by laws and administrative regulations, they shall have the ability to publish, record, store and disseminate information content in real time. and emergency response capabilities, and technical solutions should comply with relevant national standards and specifications.
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