区块链杨扬,区块链杨超

1. Is blockchain legal?

Blockchain investment currently has no clear laws to prove its legality in my country, and there is no law prohibiting the development of blockchain. However, blockchain investment also has very large legal risks under the appearance of high returns. First of all, due to the lack of supervision, most of its circulation and trading forms are similar to the issuance and listing of securities, and there is the practice of setting up exchanges for trading. Its transaction process and transaction results are not transparent, and it is difficult to regulate when problems arise. Article 12 of the "Company Law of the People's Republic of China" states that the company's business scope shall be stipulated in the company's articles of association and shall be registered in accordance with the law. A company can amend its articles of association and change its business scope, but it must register the change. Projects within the company's business scope that are required to be approved by laws and administrative regulations must be approved in accordance with the law.

2. Is the popularity of blockchain a hype?

Recently, virtual digital currencies have become popular, and blockchain technology has also become popular. At present, many ministries and commissions such as the Ministry of Industry and Information Technology and many industry giants at home and abroad have established specialized teams or laboratories to actively promote research on blockchain technology and its applications.

On October 13, 2017, the General Office of the State Council issued the "Guiding Opinions on Actively Promoting Supply Chain Innovation and Application" and proposed that relevant enterprises study the use of blockchain, artificial intelligence Use emerging technologies such as intelligence to establish a credit evaluation mechanism based on the supply chain. 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.

At present, not only many financial institutions, related enterprises, and scientific research teams are actively investing in researching blockchain technology, but many ministries and commissions, including the Ministry of Industry and Information Technology, have also set up specialized teams or laboratories to actively promote blockchain technology and its applications. Research.

The market generally believes that blockchain technology is expected to further develop in the following aspects.

——In the financial field, it can record all transaction party information, process steps, time series and other core information in financial transactions, and ensure the authenticity and non-tamperability of the information.

——Supply chain management can record the status of goods and the flow of funds in real time to ensure the authenticity of transactions. Improve supply chain transparency while effectively preventing counterfeits from entering the market.

——Food safety management, large supermarket chains can use data blockchain technology to track the origin of food, improve food traceability, and track and review the production and transportation process of food at a lower cost.

——Media and public communication, in the Internet public opinion environment, can use blockchain technology to trace the source of information, confirm the authenticity and accuracy of information, and inhibit the production and dissemination of false information.

However, Qin Yi, Deloitte Asia Pacific investment management industry leader, believes that the current large-scale application of blockchain technology is lower than expected. Further breakthroughs are needed in establishing a data open alliance system, ecosystem construction, and Internet of Things application support, especially in blockchain technology.The strong demand for data openness caused by the "decentralization" characteristics of technology is even more resistant.

Strengthen supervision of "buying a casket for a pearl" type of speculation

Blockchain technology has attracted a wave of investment, and the virtual digital currency transactions associated with it are "hot like hell." This attracted great attention from the financial regulatory authorities, and at the beginning of the new year of 2018, they issued three articles in a row, pointing directly at virtual currencies.

As early as September 2017, seven ministries and commissions including the People's Bank of China issued an announcement clearly stating that token issuance financing is essentially an unapproved and illegal public financing act. From now on, the issued ICO (Initial Coin Offering) projects must be liquidated, and new projects are not allowed to be reissued.

Entering 2018, on January 2, the leading group for the special rectification of Internet financial risks issued a document requiring all localities to guide enterprises within their jurisdiction to withdraw from the "mining" business in an orderly manner and to report work progress regularly; On January 12, the China Internet Finance Association issued a risk warning to prevent ICO activities and named Xunlei’s “Wankebi”. On January 17, the Business Management Department of the People's Bank of China issued a notice requiring all legal person payment institutions within its jurisdiction to carry out self-examination and rectification work immediately, strictly prohibit providing services for virtual currency transactions, and take effective measures to prevent payment channels from being used for virtual currency transactions.

“There is no necessary connection between the development of blockchain technology and digital currency. Digital currency is just one of the application scenarios of blockchain technology.” Guo Feng believes that blockchain is a pearl, while digital currency is just a Box. The reason why the hype of virtual digital currency is out of control is because some people think that the "box" is exquisite, the price is opaque, and the profit can be higher than that of the "pearl". "This is a typical 'buying a casket for a pearl'."

"Monitoring and managing risks does not mean that we reject innovation." Yang Dong, director of the Financial Technology and Internet Security Research Center of Renmin University of China, believes , as a technical tool, blockchain is technology neutral and does not directly involve financial and legal risks; the current shutdown of the virtual digital currency trading platform does not conflict with the current vigorous development of blockchain.

Those who need it will pay attention, and those who don’t will not be fooled.

3. Is blockchain legal?

Legal analysis: 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 "unforgeable", "full traces left", "traceable", "open and transparent" and "collectively maintained". Based on these characteristics, blockchain technology has laid a solid foundation of "trust" and created a reliable "cooperation" mechanism, which 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; (4) Geographical indications; (5) Trade secrets; 6) Integrated circuit layout design; (7) New plant varieties;(8) Other objects specified by law.

4. Why should we strengthen supervision over the "buying a casket for a pearl" type of speculation

Blockchain technology has attracted a wave of investment, and the virtual digital currency transactions associated with it are even more "hot" It’s going to be a mess.” This attracted great attention from the financial regulatory authorities, and at the beginning of the new year of 2018, they issued three articles in a row, pointing directly at virtual currencies.

“There is no inevitable connection between the development of blockchain technology and digital currency. Digital currency is just one of the application scenarios of blockchain technology.” Guo Feng believes that blockchain is Pearls, while digital coins are nothing more than boxes. The reason why the hype of virtual digital currency is out of control is because some people think that the "box" is exquisite, the price is opaque, and the profit can be higher than that of the "pearl". "This is a typical 'buying a casket for a pearl'."

"Monitoring and managing risks does not mean that we reject innovation." Yang Dong, director of the Financial Technology and Internet Security Research Center of Renmin University of China, believes , as a technical tool, blockchain is technology neutral and does not directly involve financial and legal risks; the current shutdown of the virtual digital currency trading platform does not conflict with the current vigorous development of blockchain.

5. How to punish participants in blockchain scams

Legal analysis: According to the relevant laws of our country, those who use blockchain information services to engage in illegal activities will be punished by the local Internet Information Office A warning shall be given in accordance with duties and ordered to make corrections within a time limit. Relevant business shall be suspended before corrections are made. If a person refuses to make corrections, a fine shall be imposed. If a crime is constituted, criminal liability shall be pursued.

Legal basis: "Blockchain Information Service Management Regulations" Article 21 Blockchain information service providers violate the provisions of Article 10 of these regulations by producing, copying, publishing, disseminating legal, administrative If the information content is prohibited by laws and regulations, the Internet Information Office of the state and provinces, autonomous regions, and municipalities directly under the Central Government will 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 not less than 20,000 yuan but not more than 30,000 yuan. A fine of not more than RMB 10,000 shall be imposed; if a crime is constituted, criminal liability shall be investigated 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 regions, and municipalities directly under the Internet Information The office will handle the matter in accordance with relevant laws and administrative regulations.

6. Does blockchain have compliance risks?

Blockchain technology itself does not violate any laws or regulations, so there are no compliance risks. However, in the actual application process, enterprises or individuals using blockchain technology need to comply with relevant legal and regulatory requirements.
For example, in China, the use of blockchain technology to conduct financial transactions or raise funds needs to comply with relevant laws and regulatory policies. In addition, if users' sensitive personal information is retained on the blockchain, it must also comply with relevant laws and regulations such as data protection.
Therefore, enterprises and individuals who use blockchain technology in field applications not only need to understand and abide by existing legal operations and lawsAccording to regulations, it is also necessary to pay close attention to the development trends of technology and regulations and make corresponding adjustments and changes in a timely manner. Only by operating and conducting business in compliance with regulations can enterprises develop better and gain lasting competitive advantages.

7. How will fintech change traditional insurance

On the way to the hospital, a patient received a recommendation for a health insurance product on his mobile phone, and he bought the insurance.
This sentence contains at least 3 information points: How do you know that this person is going to the hospital? How to judge whether the person going to the hospital is a patient? How can you still buy health insurance when you are sick? The answers to these questions all point to one Words: Insurtech.
With the development and application of new generation information technologies such as big data, cloud computing, artificial intelligence, blockchain, and mobile Internet, the insurance industry and technological development are integrating. Insurtech has improved the work efficiency of insurance companies, optimized customer service experience, and improved the pain points of the insurance industry. The development of technology has greatly improved the insurance ecological environment and brought the insurance industry into a new and broader development field.
So, here comes the question, how will Fintech change traditional insurance?
Serving the real economy is a major premise
To discuss how Fintech will change traditional insurance, there is a major premise: Finance must return to serving the real economy The origin of the economy, insurance is also the same.
Huang Ruizhi, assistant secretary-general of the China Insurance Association, said: Insurance technology improves efficiency and reduces costs through the development of data and technology and its application in the entire insurance process, enabling all areas of the national economy to gain greater benefits. Efficient and convenient insurance services, thereby enhancing the insurance industry’s ability to serve the real economy. For example, blockchain can be combined with agriculture and industry to effectively explore ways to achieve targeted poverty alleviation.
Ma Boyong, deputy director of the Digital Office of China Pacific Insurance Group Co., Ltd., provided some data: In recent years, there have been many earthquakes, typhoons, and major disasters. From a global perspective, insurance compensation in disaster management has reached 30%. But China may only have 10%. From these two data, we can see that our gap is very large.
Wu Ti, deputy general manager and chief marketing officer of Zhongan Insurance, proposed a solution: the essence of insurance has not changed, but the combination of technology and business makes insurance a stable link between the Internet, finance and the real economy. devices and connectors.
The implementation of Fintech "blooms"
After clarifying the premise, the implementation of technology is fundamental.
Zhongan Technology CEO Chen Wei believes that smart wearable devices may become a new standard. Based on smart devices, health insurance does not require consumers to submit a physical examination report before giving a premium quote. With the user's consent, the insurance company can collect personal physical data through smart devices. If you exercise every day, based on these exercise data, the pricing of health insurance It will be relatively low.
Zhang Xiaoyan, deputy secretary-general of the Internet Finance Research Center of the People's Bank of China Financial Research Institute, pointed out that the principles of the Internet of Vehicles and wearable devices are similar, and promoted auto insuranceChanges in pricing models include, for example, changes in data foundations, innovations in pricing basis, and increases in pricing frequency. The Internet of Vehicles can better control risks and carry out differentiated pricing based on the driving habits of drivers.
Tao Quming, deputy general manager of Wanxiang Blockchain, pointed out that whoever holds the data will have future users. Every company now realizes the value of data. We all want to use other people’s data, but we don’t want our own data to be used by others. Is it possible to solve such a seemingly unsolvable problem with a new technology or a new way of collaboration? The only answer that can be given is blockchain technology.
Yang Dong, deputy dean of the Law School of Renmin University of China, cited cases of combining blockchain and big data technology: through the consistency of some smart contract data, including storage, protection, and data discoverability, blockchain Achieving mutual trust and mutual benefit increases the speed and efficiency of business support in a more peer-to-peer digital process. For example, the British company Teambrella uses blockchain technology to support peer-to-peer insurance services.
The portrait of the insurance industry in 2020 is released
With the development of insurance digitization and big data, the pricing, risk control, and basic model theory of insurance itself have undergone fundamental changes. The business model of the insurance industry has also begun to change to that of the retail industry. So, what will the insurance industry look like in 2020?
Shao Haifeng, executive committee member of Ping An Group and general manager of Shanghai OneConnect Financial Technology Co., Ltd., pointed out that insurance in 2020 has two characteristics: First, insurance is scenario-based , the second is product intelligence. In addition, the trend of mobile Internet is unstoppable. The higher the convenience, the more critical security is. We are looking for a balance between convenience and security.
Xu Guisheng, founder and CEO of Sponge Insurance, believes that with the rapid development of Internet insurance, "small-amount, high-frequency, fragmented" insurance has seamlessly penetrated into consumers' "clothing, food, housing and transportation" " and many other scenes. Fragmented scenarios require insurance to protect the entire consumption process. As far as travel is concerned, cycling accident insurance is an active attempt by the insurance industry to test the waters of the sharing economy.
Liu Yang, managing director of JadeValue Insurtech Incubator, said that in the field of insurtech, there are not many excellent companies. The entire insurtech market is still in a state of eve of dawn, or is slow to gain steam, which gives small and medium-sized enterprises the best opportunity. timing.

8. Is the blockchain legal?

Legal analysis: The blockchain is completely legal and compliant. 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 Cyberspace Administration of China

Article 4: Encourage blockchain industry organizations to strengthen industry self-discipline and establish and improve industry self-discipline systemsand industry standards, 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 professionalism of blockchain information service practitioners quality 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 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.