国家怎么管理区块链产业,国家怎么管理区块链企业
近年来,随着区块链技术的发展,越来越多的企业开始投入区块链领域,而国家也在加大对区块链产业的监管力度,以促进区块链技术的发展和落地。
首先,国家发布了一系列的政策,以指导和引导区块链企业的发展。比如,国家发布了《区块链技术发展指导意见》,以支持企业在区块链技术的研发、应用和落地上取得突破;此外,国家还出台了一系列的财税政策,以鼓励企业投资区块链技术,提高企业的投资效率。
其次,国家严格实施监管,以确保区块链企业的合规经营。比如,国家对区块链企业实施宏观监管,加强对行业的政策宣贯,以确保企业的合法经营;此外,国家还对区块链企业实施了严格的审查和备案制度,以确保企业的财务透明度和合规经营。
此外,国家还加大了对区块链企业的支持力度,以促进企业的发展。比如,国家设立了一系列的支持机制,包括贷款支持、税收优惠等,以鼓励企业投资区块链技术;此外,国家还设立了一系列的培训机构,为企业提供技术支持,以提高企业的技术实力。
总之,国家为区块链企业提供了良好的发展环境,通过发布政策、实施监管、加大支持力度等措施,以促进区块链技术的发展和落地。国家的积极参与将有助于推动区块链企业可持续发展,从而为社会带来更多的福祉。
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『一』 The government’s development of blockchain technology
With the further development of blockchain technology and the technology being elevated to a national strategic level by the government, it has become effective Accelerate and promote the comprehensive development and layout of blockchain technology. In the face of this epidemic, blockchain technology, while giving full play to its own advantages, cooperates with artificial intelligence, big data, Internet of Things, cloud computing and other technologies to play a role in government affairs management, supply chain finance, charitable donations, logistics and transportation, etc. It has produced huge effects and effects, which has brought blockchain technology to a higher level of attention. It has not only promoted the exploration and involvement of blockchain technology in various industries, but also enabled governments at all levels and central enterprises to The blockchain field is making full efforts and actively deploying! Next, let’s take a look at the recent related actions and plans of local governments and national functional departments in the field of blockchain! Legal basis: Article 9 of the "Regulations on the Establishment and Establishment Management of Local People's Government Organizations at All Levels". For the establishment, cancellation, merger or change of specifications and names of administrative agencies of local people's governments at all levels, the people's government at the same level shall propose a plan, which shall be approved by the next higher level. After review by the people's government organizational establishment management agency, it shall be reported to the people's government at the next higher level for approval; among them, the establishment, cancellation or merger of administrative agencies of local people's governments at or above the county level shall also be reported to the Standing Committee of the People's Congress at the same level for record in accordance with the law. Article 10 If the administrative agencies of local people's governments at all levels have the same or similar responsibilities, they shall, in principle, be undertaken by one administrative agency. If there are any disagreements between administrative agencies on the division of responsibilities, they should take the initiative to negotiate and resolve them. If consensus is reached through consultation, it shall be reported to the institutional establishment management authority of the people's government at the same level for record; if there is disagreement after consultation, the establishment management authority of the people's government at the same level shall be submitted to provide coordination opinions, and the establishment management authority shall report it to the people's government at the same level for decision. Article 11 The establishment of deliberation and coordination bodies by local people's governments at all levels shall be strictly controlled; if the functions can be delegated to existing agencies or the problems can be solved through coordination by existing agencies, no separate deliberation and coordination agencies shall be established. A discussion and coordination body established to handle a specific task within a certain period of time should clearly stipulate the conditions and time limit for its cancellation. Article 12 The deliberation and coordination agencies of local people's governments at or above the county level do not set up separate offices, and the specific work is undertaken by the relevant administrative agencies. Article 13 The administrative agencies of local people's governments at all levels shall establish necessary internal agencies based on work needs and the principle of leanness. The establishment, cancellation, merger, or change of specifications or names of internal agencies of the administrative agencies of local people's governments at or above the county level shall be submitted to the administrative agency of the people's government at the same level for approval.
『二』Interpretation of the "Blockchain Information Service Management Regulations" | "Tourism" laws can be followed
On January 10, 2019, the State Internet Information Office issued the "Blockchain Information Service Management Regulations" Management Regulations" (hereinafter referred to as the "Regulations"), and will come into effect on February 15, 2019. In order to help readers understand the content of the "Regulations" more clearly and straightforwardly, we have professionally interpreted the new regulations and compiled several highlights of the "Regulations": 1. Clarified the scope of blockchain information servicesAccording to Article 3 of the Regulations, the competent authorities are the Internet Information Offices at all levels. 2. Clarify the definition of blockchain information service providers. According to Article 2 of the "Regulations", the so-called blockchain information services refer to the services provided to the public through Internet websites, applications, etc. based on blockchain technology or systems. Provide information services. Blockchain information service providers refer to entities or nodes that provide blockchain information services to the public, as well as institutions or organizations that provide technical support to entities that provide blockchain information services. According to the above definition, it can be seen that only information services such as news reports about blockchain and Bitcoin are provided to the public, such as mobile APPs such as Mars Finance and Bikuaibao, as long as the underlying technology for providing services is not based on blockchain technology or systems. It does not belong to the blockchain information services mentioned in the "Regulations" and is not subject to the "Regulations". As for mobile apps or games such as "NetEase Planet", "Nishuihan", "A Chinese Ghost Story", etc., since some of them use blockchain technology or systems to provide services to users, their operators should be classified as blockchain information services provider. In addition, in view of the above definition, even if an organization or institution itself does not provide blockchain information services to the public, as long as it provides technical support to blockchain information service subjects, it still belongs to blockchain information services. Providers are bound by the Regulations. This means that the more popular model of "overseas establishment of entities to issue coins on the chain + domestic companies to provide technical services" may come to an end. 3. Clarify the security management responsibilities of blockchain information service providers. The "Regulations" clearly stipulate the responsibilities of blockchain information service providers. Mainly include: 4. Clarify the filing responsibilities and related procedures of blockchain information service providers. In addition to the above responsibilities, blockchain information service providers should also perform filing responsibilities: 1. Within ten working days from the date of provision of services. Fill in the service provider’s name, service category, service form, application field, server address and other information through the State Internet Information Office’s Blockchain Information Service Registration Management System, and perform the registration procedures. 2. If the service items, platform address and other matters are changed, the change procedures shall be completed within five working days from the date of change. 3. If the service is terminated, the cancellation procedures should be completed thirty working days before the service is terminated, and proper arrangements should be made. 4. Those who engage in blockchain information services before the promulgation of the "Regulations" (i.e. before January 10, 2019) shall comply with the regulations within twenty working days from the date when the "Regulations" come into effect (i.e. February 15, 2019). Complete relevant procedures. 5. Blockchain information service providers should log in to the blockchain information service filing management system within the specified time and provide relevant information to cooperate with the Internet Information Office in conducting regular inspections of the filing information. Registration agencies: Internet information offices at all levels. Filing procedure: After the blockchain information service provider submits the materials, the Internet Information Source Information Office shall file it within twenty working days, issue a filing number, and pass the Blockchain Information Office of the State Internet Information OfficeThe service registration management system publishes the registration information to the public; if the materials are incomplete, the registration will not be granted, but the filing person shall be notified within twenty working days and the reasons shall be explained. The promulgation of the "Regulations" clarified the subject boundaries of blockchain information service providers, stipulated in detail the subject responsibilities of blockchain information service providers, and filled the current domestic regulatory gap in the field of blockchain information services. , marking the arrival of the "regulatory era" in the field of blockchain information services. For the blockchain information service industry, it means more orderly and healthy development; for practitioners who are currently engaged in or are interested in providing blockchain information services in the future, it means higher compliance requirements. .『三』 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.
『四』 If the country wants to control the blockchain, can it do it
Honestly, it can be done,
because most of the blocks are fixed mines Pool (node) output, as long as you control these nodes, you can control the blockchain.
In addition, you can block mining machines, transaction channels, and client seeds. These can make the blockchain disappear.
And the blockchain itself is a capital-rich financial platform, and resources will eventually be concentrated in the hands of a few people. The Shenzhen Blockchain Summit found that many blockchain investors have red backgrounds, and these resources will eventually be controlled by the nobles, that is, the state. We can get a piece of the pie, but it is absolutely impossible to bypass the country and create a new pattern.
『五』 Use the knowledge of economic life to analyze how the country should solve the problems that arise in the blockchain
①The country implements scientific macroeconomic adjustmentcontrol, strengthen the supervision of the blockchain market, rectify and standardize the order of the blockchain market in accordance with the law, and create a good environment for the development of the blockchain; formulate and implement blockchain-related industrial policies, increase fiscal and financial support, and achieve Supply and demand docking. ② Strengthen the construction of integrity and improve the social credit system.
『Lu』 Does the country support blockchain?
As a new technology, blockchain has corresponding policies to support its development in various countries around the world, with a wide range of radiation - starting from this year It seems that 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: Article 3 of the "Blockchain Information Service Management Regulations" The National Internet Information Office 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 and establish and improve management systems for user registration, information review, emergency response, and security protection. Article 6 Blockchain information service providers shall have technical conditions suitable for their services. For information content prohibited by laws and administrative regulations, they shall have immediate and emergency response capabilities and technical solutions for the release, recording, storage, and dissemination of information content prohibited by laws and administrative regulations. It should comply with relevant national standards and specifications. Article 7 Blockchain information service providers shall formulate and disclose management rules and platform conventions, and sign service contracts with blockchain information service users.The agreement clarifies the rights and obligations of both parties and requires them to promise to abide by legal provisions and platform conventions.
『撒』 How is the national digital currency managed?
1. Establish the theory of “shared votes” and face the role of digital currency
To sort out the meaning of digital currency in different contexts, it can be considered that the essence of digital currency is: a new equity certificate and distribution mechanism generated under the new organizational method based on blockchain in the digital economy era.
However, the term digital currency is rich in meaning, but it cannot accurately express this meaning. In fact, what blockchain brings is more conceptual innovation, which is essentially the embodiment of the concept of crowdfunding. The so-called digital currency is the return given after attracting voluntary investment from outside the system. This return realizes value through the operation of the blockchain system.
The owners and system participants of this "return" are both contributors (investors) and users (consumers) of the blockchain system, and they are also based on democratic participation. Decision makers (managers) of the blockchain system. This trinity of features fully realizes the value of crowdfunding.
In order to use the crowdfunding system to guide the healthy development of the blockchain industry, return to its roots, and correct chaos, the author proposed the "Coken" theory. "Co-voting" is a shared distribution mechanism on the blockchain that integrates investors, consumers and managers. It can also empower, confirm and empower data, and can stimulate new momentum for the digital economy with data as the core. .
For digital currency governance, "shared votes" is more important because it points out that the prospect of digital currency development returns to the original intention, releases the driving force of technological innovation, and serves the real economy. In the governance of digital currency, the "shared vote" theory should be applied, the value of digital currency in the digital economy era should be faced squarely, and the healthy development of digital currency should be guided.
2. Establish a legal chain and use the chain to govern the chain
Digital currency, as an incentive tool on the blockchain, has innovative significance, and its regulation needs to go beyond traditional thinking. To effectively regulate blockchain and digital currencies, it is also necessary to introduce blockchain technology as a tool to establish a legal chain and use chains to govern chains.
Blockchain-based regulatory systems will help improve the effectiveness of management. Management technology based on blockchain technology can solve the problem of dual failures of the government and the market, and take an organic management path that takes into account the characteristics of the technology itself. Only by making better use of technological governance can we effectively deal with the risks and challenges brought about by new technologies.
3. Use the trading platform as a starting point to convey policy intentions
Overall, my country’s management of digital currencies needs to continue to be strengthened, and there is still a gap between social reality and management goals. Despite the distance, some trading platforms are still very active in our country, and managers and the managed maintain a delicate balance.
The trading platform is currently the key and leader of the entire digital currency. It almost controls the voice of the entire digital currency industry. Managing the trading platform effectively can effectively convey policy intentions to digital currency market participants. It should be done in detail.At the management and operational level, we need to grasp its impact on society and the difficulty of implementation.
On the one hand, top trading platforms should be managed under the guidance of the principle of proportionality and strict management requirements are put forward; on the other hand, small and medium-sized trading platforms should strictly enforce the law. A large number of operators of small and medium-sized trading platforms have a small number of operators and low professionalism. Criminals regard investors' principal as their target, and those involved in illegal and criminal activities must be dealt with resolutely in accordance with the law.
For reference.
『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 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.
『玖』What is the country’s policy on blockchain?
The country currently has a recognized attitude towards blockchain technology and supports the research and development of independent blockchain technology. Encouraged, the country’s expectations for the blockchain industry are to be supported by specific implementation and application values. The future expectation for blockchain is that blockchain will become a breakthrough for independent innovation of core technologies. And blockchain is legal. Blockchain is a term in the field of information technology. In essence, it is a shared database, and the data or information stored in it has the characteristics of being unforgeable, leaving traces throughout the process, traceable, open and transparent, and collectively maintained.
1. The composition of the blockchain system:
1. Data layer
2. Network layer
3. Consensus layer
4. Incentive layer
5. Contract layer
6. Application layer
2. Types of blockchain
1. Public blockchain
2. Industry blockchain
3. Private blockchain
3. Blockchain Features
1. Decentralization. Blockchain technology does not rely on additional third-party management agencies or hardware facilities.There is no central control, except for the self-contained blockchain itself. Through distributed accounting and storage, each node realizes information self-verification, transmission and management. Decentralization is the most prominent and essential feature of blockchain.
2. Openness. The foundation of blockchain technology is open source. In addition to the private information of the transaction parties being encrypted, the data of the blockchain is open to everyone. Anyone can query the blockchain data and develop related applications through the public interface. Therefore, the entire System information is highly transparent.
Legal basis:
"Civil Code of the People's Republic of China"
Article 123 Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademarks;
( 4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout designs;
(7) New plant varieties;
(8) Other objects specified by law
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