区块链没有得到国家承认吗,区块链没有得到国家承认怎么办

Ⅰ Transferring up to 11 trillion Bitcoins in ten years, why does the country consider it illegal

When it comes to Bitcoin, I don’t know which country’s money. People with some knowledge know that Bitcoin is actually a virtual currency. In 2008, after the global financial crisis, a man who called himself "Nakamoto" created a virtual currency "Bitcoin". In 2009, Bitcoin was officially born. This is a virtual cryptocurrency that uses a decentralized payment system in the form of blockchain or P2P Bitcoin. Unlike all other currencies, Bitcoin does not have a specific currency issuer. Therefore, if Bitcoin is used maliciously, it is likely to be used by others, which is likely to have a huge impact on the domestic economy. Therefore, for security reasons, many countries do not recognize the legality of Bitcoin.

The advantages of blockchain are openness, simple review, and high reliability. For example, there are four people doing business: A, B, C and D. A gives B money. Before B pays C, B must "package" the transaction between a and B and hand it over to C together, so that B can be considered to have completed a transaction. Likewise, before C and D can trade, it is necessary to package the transaction between a and B with the transaction between B and C and D. "Packaging" will reward traders with one Bitcoin at a time. Due to Bitcoin's special transaction mode, Bitcoin is loved by some people. According to statistics, since the official birth of Bitcoin, transactions worth US$11 trillion have been completed! In other words, from 2009 to 2019, a total of US$11 trillion was transferred through Bitcoin in this decade. What we need to know is that the U.S. national debt is about 22.5 trillion yuan. That is to say, Bitcoin has such huge energy. In about 10 years, Bitcoin has transferred half of the U.S. national debt. Why don’t countries recognize it? Its legal status? The reason is, first of all, the problem of "black industrial chain". Due to the special characteristics of Bitcoin, it is more likely to be used by some people in the "black industry chain". I believe everyone knows its purpose.

II Does the country recognize blockchain?

Legal analysis: The country currently recognizes 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 exclusive rights enjoyed by obligees in accordance with the law regarding the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Trade secrets;

(6) Integrated circuit layout design;

(7) New plant varieties;< /p>

(8) Other objects specified by law.

Ⅲ Is there any relevant law that recognizes the authenticity of blockchain evidence?

On January 21, the Supreme People’s Court issued the “Regulations on Several Issues Concerning the Online Handling of Cases by People’s Courts (Soliciting Opinions) "Draft", which provides detailed explanations on the effectiveness of blockchain evidence, blockchain evidence review rules, authenticity review of data before uploading to the chain, and blockchain evidence enhancement identification.

The regulations have 36 articles in total and clearly state that the electronic materials and electronic data submitted by the parties as evidence shall be determined by the People’s Court to be authentic in accordance with relevant laws and judicial interpretations after the parties have presented evidence and cross-examined them. , relevance and legitimacy.

Article 14 [Effectiveness of Blockchain Evidence] If the evidence submitted by the party is stored through blockchain technology and is consistent after technical verification, it is presumed that the evidence material has not been tampered with after being uploaded to the chain. , the People's Court may confirm the authenticity of the evidence, unless there is contrary evidence sufficient to overturn it.

Article 15 [Blockchain Evidence Review Rules] If a party objects to blockchain evidence and has reasonable grounds, the People’s Court shall mainly review the following content:

(1) Whether the certificate deposit platform complies with the relevant regulations of the relevant national departments on providing blockchain certificate deposit services;

(2) Whether the parties have an interest in the certificate deposit platform and use technical means to improperly interfere with evidence collection , certificate storage process;

(3) Whether the information system of the certificate storage platform meets national or industry standards for cleanliness, safety, and availability;

(4) Certificate storage technology and whether the process complies with the requirements of the "Technical Specifications for Electronic Data Storage" regarding system environment, technical security, encryption methods, data transmission, information verification, etc.

Article 16 [Authenticity review of data before uploading to the chain] If a party proposes that the data is no longer authentic when it is uploaded to the chain and provides evidence to prove it or explains the reasons, the people's court shall review it. .

Based on the circumstances of the case, the people's court may require the party that provides the blockchain evidence to provide evidence to prove the authenticity of the on-chain evidence data, or to explain the specific source and generation mechanism of the on-chain evidence data. , stored procedures, third-party notarization and witnessing, associated verification data, etc. If the party concerned cannot provide evidence or make a reasonable explanation, and the blockchain evidence cannot be mutually corroborated with other evidence, the people's court will not confirm the authenticity of the evidence.

Article 17 [Reinforcement and Identification of Blockchain Evidence] The parties may apply for a person with specialized knowledge to provide opinions on technical issues related to the storage of evidence on the blockchain platform. The people's court mayThe parties concerned may apply or, in accordance with their authority, be entrusted with appraising the authenticity of the evidence stored in the blockchain or obtaining other relevant evidence for verification.

Yibaoquan has been deeply involved in the underlying R&D and application innovation of blockchain technology since 2014, and through the integration of judicial channels, it has launched application scenarios such as preservation chain, gentleman signature, micro-copyright, and Zhongzhengbao. . And with its professional, legal, compliant and safe one-stop service, it has won many national honors. Under the wave of digitalization, data security may become the core competitiveness. With the country's vigorous development of blockchain, blockchain certificates to ensure data security will become the general trend. Yibaoquan Blockchain Certificate Deposit and Preservation Center will help more companies and institutions effectively protect data security through blockchain certificate deposit, in terms of blockchain certificate deposit, electronic contracts, Internet justice, intellectual property protection, etc., completely subverting the traditional model. , leading the comprehensive upgrade of digital office.

IV Does the country recognize blockchain copyright certificates?

On September 7, 2018, the Supreme People's Court of China announced the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Cases on the Internet" (hereinafter referred to as the "Regulations"), Article 11 states: "The electronic data submitted by the parties shall be collected, fixed and tamper-proof through evidence collection, fixation and anti-tampering technologies such as electronic signatures, trusted timestamps, hash value verification, and blockchain. If its authenticity can be proven by means of electronic evidence collection and storage platform authentication, the Internet Court shall confirm it." This is the first time that the Supreme People's Court has issued a judicial interpretation on the authenticity of electronic data stored using blockchain technology, thus distinguishing The legal validity of blockchain certificates has been confirmed. At present, a number of third-party copyright certification platforms based on blockchain technology have emerged in China. The original creator can deposit copyright certificates on a third-party copyright certificate deposit platform, and use the electronic data provided by the platform as electronic evidence when a copyright dispute occurs.

IV Does the country support tourism blockchain?

Supported
Blockchain is the future trend, and the country supports it. It will not be banned now or in the future. Many people confuse the concepts of blockchain with Bitcoin and Ethereum. Blockchain is a public chain and a technology. It is distributed accounting, peer-to-peer, and cannot be tampered with. Solve the problem of trust between people, companies and companies, people and governments. It is an extension and upgrade of the Internet, so it is impossible to ban it.

VI Is blockchain recognized by the country?

The advantages of blockchain technology are recognized, and the country is also accelerating the integration of blockchain and industry.
Explained from an academic perspective, blockchain is a new application model of computer technologies such as distributed data storage, point-to-point transmission, consensus mechanisms, and encryption algorithms. Blockchain is essentially a decentralized database.

For example, if you are a woman, every time your boyfriend says something disgusting to you or promises to buy you something, you immediately record it and send it to all of your and his Best friends, classmates, colleagues, and various groups and circles of friends make it impossible for him to deny it anymore. This is called blockchain.

The core advantage of blockchain technology is decentralization. It can realize point-to-point transactions based on decentralized credit in a distributed system where nodes do not need to trust each other by using data encryption, timestamps, distributed consensus and economic incentives. Coordination and collaboration thus provide solutions to the common problems of high cost, low efficiency and insecure data storage in centralized 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 All domain names have been registered, which has had a relatively large impact on the domain name industry.

VII Does the country support blockchain?

Legal analysis: As a new technology, blockchain is a new technology. Countries around the world have corresponding policies to support its development, with a wide range of radiation - from Judging from this year, more than half of the provinces and cities across the country have included blockchain in the 2020 government work report. In addition to first-tier cities such as Beijing, Shanghai, Guangzhou and Shenzhen, central and western cities such as Gansu, Ningxia, and Xinjiang have also joined the blockchain technology research and application camp. Developed cities in the east continue to play a leading role in technological research and application innovation; cities in the central and western regions adapt to local conditions and combine new technologies to accelerate digital economic transformation. Strong support - this year the Central Bank, the Ministry of Transport, the State Administration of Foreign Exchange, the State Administration of Radio, Film and Television, the Ministry of Justice, the Ministry of Agriculture and Rural Affairs, etc., have respectively proposed the use of blockchain technology to accelerate the development of applications in various fields. Many other provinces and cities have also continued to introduce new policies, most of which are special support policies for blockchain. It is expected to build more industrial parks and open up more government application scenarios. The direction is clearer - there are clearer details under the general direction of blockchain assisting the transformation and upgrading of traditional industries and empowering the digital economy. Application scenarios such as transportation, agriculture, intellectual property, and certificate storage have become the first batch of experimental directions. In terms of government affairs, it is an important breakthrough and has been implemented. Beijing City’s “innocent approval”, Jiangxi Province explores “blockchain + undocumented handling”, Fujian Province implements the “on-chain government affairs” project, and Gansu Province accelerates the construction of “Digital Gansu”. ”, Shandong and Hainan are all committed to e-government and other fields. It is foreseeable that the future blockchain e-government scenario is worth looking forward to.

Legal basis: "Blockchain Information Service Management Regulations"

Article 3 The Cyberspace Administration of China is responsible for the supervision, management and law enforcement of nationwide blockchain information services 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, and security protectionand other management systems.

Article 6 Blockchain information service providers shall have technical conditions suitable for their services, and shall have immediate and emergency response capabilities for the release, recording, storage, and dissemination of information content prohibited by laws and administrative regulations. , technical solutions 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.

ⅧWhy the country bans blockchain

What needs to be corrected is that the country prohibits the transaction of digital virtual currencies such as Bitcoin, which has no supervision and high financial risks. Blockchain is the underlying technology of Bitcoin. The country is supporting the development of blockchain technology, and local governments have introduced relevant support policies.

Blockchain is an important concept of Bitcoin. It is essentially a decentralized database. At the same time, as the underlying technology of Bitcoin, it is a series of applications. Data blocks generated by cryptographic methods. Each data block contains a batch of Bitcoin network transaction information, which is used to verify the validity of the information (anti-counterfeiting) and generate the next block.

Bitcoin is an online virtual currency. The concept of Bitcoin (BitCoin) was first proposed by Satoshi Nakamoto in 2009. It is a P2P digital currency.

Ⅸ Are blockchain and digital currencies legal in China?

As of May 2020, blockchain and digital currencies are not legal in China.

The "Announcement of the People's Bank of China, the Central Cyberspace Affairs Office, the Ministry of Industry and Information Technology, the State Administration for Industry and Commerce, the China Banking Regulatory Commission, the China Securities Regulatory Commission, and the Insurance Regulatory Commission on Preventing Token Issuance Financing Risks" stipulates:

Article 2 Any Organizations and individuals are not allowed to illegally engage in token issuance and financing activities

From the date of this announcement, all types of 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.

Article 3 Strengthening the Management of Token Financing Trading Platforms

From the date of this announcement, any so-called token financing trading platform shall not engage in legal currency and token, "virtual" transactions. Currency exchange business between each other, it is not allowed to buy or sell tokens or "virtual currency" as a central counterparty, and it is not allowed to provide pricing, information intermediary and other services for tokens or "virtual currency".

(9) Blockchain has not been recognized by the country. Further reading

The "Measures for the Suppression of Illegal Financial Institutions and Illegal Financial Business Activities" stipulates:

Article 11: Illegal financial institutions and illegal fundsFor criminal suspects, funds and property involved in financing business activities, the public security organs shall take coercive measures in accordance with the law to prevent criminal suspects from escaping and transferring funds and property.

Article 12: After investigation and determination of illegal financial institutions and illegal financial business activities, the People's Bank of China will make a decision to ban them, declare the financial institution and financial business activities to be illegal, and order them to cease all business activities. and make an announcement.

Article 13 If the People's Bank of China discovers that a financial institution opens accounts, handles settlements, and provides loans for illegal financial institutions or illegal financial business activities, it shall order the financial institution to immediately cease relevant business activities. No unit or individual may use relevant funds without authorization.

Ⅹ Does blockchain copyright protection have legal effect?

According to the official definition of the National Copyright Administration, copyright, also called authorship, refers to the text, art and scientific and technological works created by the author. Exclusive rights enjoyed in accordance with the law can be transformed into corresponding wealth through the layout and development of works. This is the so-called "intangible asset".

With the rapid development of the Internet today, digital works have become the hardest hit area for copyright infringement. As the country regards blockchain technology as an important breakthrough for core independent innovation and is included in the scope of new infrastructure, blockchain is also receiving more and more judicial attention in the field of copyright protection.

In 2020, the Supreme Law clearly stated that parties are allowed to save, fix and submit evidence through blockchain and other methods, effectively solving the problem of difficulty in producing evidence for intellectual property rights holders. From the judicial level, the important position of blockchain technology in intellectual property cases is affirmed, which can serve as a reference for subsequent intellectual property cases.

For copyright protection, blockchain is not only recognized by the country, but also a technological innovation. It makes it easier to verify the rights of digital works on the blockchain and online copyright registration. Convenience.

Micro Copyright pioneered the "blockchain + judicial + intellectual property protection" model, providing works rights confirmation, network-wide monitoring, infringement analysis, and other services for industries such as photography, design, animation, games, law firms, newspapers, etc. One-stop services such as online evidence collection, notarization of evidence, and online application for copyright certificates.

In terms of confirming the rights of works, micro-copyright uses the SHA-512 hash algorithm, timestamp service, and PBFT consensus algorithm to encrypt the original data and combine the subject of the certificate, the time of the certificate, and the process of the certificate. Generate a unique digital fingerprint corresponding to the certificate content, etc., and store it encrypted on the blockchain, effectively ensuring the integrity and originality of the certificate data.

For works that need to be monitored for infringement, Micro Copyright can provide 7*24-hour infringement monitoring for the entire network, and automatically conduct analysis and sorting, quickly locate the infringing subject, and output up to 40 items of content. Through "picture thumbnail comparison" and "text color palette comparison", the infringement results are clear at a glance.