| After entering the 21st century,with the development of computer and Internet technology has advanced by leaps and bounds,the decentralized network technology represented by blockchain technology and P2P communication technology has been fUrther popularized,and virtual currency such as Bitcoin and Ripplecoin has emerged,causing a virtual currency craze globally.At present,the most pressing issue is the investment risk and the risk of crimes such as money laundering caused by virtual currency,which has seriously affected the country’s financial and social fields.More and more countries have recognized the urgency of virtual currency regulation and carried out active exploration in regulatory legislation,and the completely different characteristics of such virtual currency and traditional virtual currency also put forward new requirements for supervision.Under the trend of globalization,China should also establish a virtual currency supervision system as soon as possible to effectively prevent the risks of virtual currency.This paper is divided into four parts.The first part discusses the definition of virtual eurrency.First,the eoncept of virtual currency discussed in this paper is determined as a new type of digital currency represented by bitcoin,which can be traded,stored and used as a payment method in electronic transactions.Secondly,by comparing with traditional virtual currency,the paper summarizes that the virtual currency discussed in this paper has the characteristics of decentralization,technology as value guarantee,anonymity and value instability;finally,the boundaries of the virtual currency concept is defined through comparing with the platform token and digital currency.The second part summarizes the supervision strategies of virtual currency in China at the present stage,and finds the following problems:first,there are conflicts in the concept of regulatory legislation;second,the definition of the legal attributes of virtual currency is not clear;third,the norm of the virtual currency trading platform is ignored;fourth,a dedicated regulatory agency is lacked.This part analyzes negative consequences causes the above-mentioned problems in four aspects respectively and emphasizes the necessity of regulatory legislation.The third part elaborates the methods and policies of virtual currency supervision legislation in other countries and regions,finds out merits China should learn from,and provides theoretical support for the following part.First,in terms of the concept of supervision,most countries adopt a positive and encouraging attitude,clarify the legal attributes of virtual currency through legislation,and prevent people from misjudgment.Second,these countries generally attach importance to the supervision of virtual currency trading platforms and incorporate them into the legal framework,and strengthen the obligation of virtual currency trading platform to protect users’ safety and prevent money laundering risks through legislation.Finally,these countries recognize that due to the anonymity of virtual currency,traditional regulatory methods cannot adapt,proposing new professional,scientific and systematic requirements for supervision.The fourth part proposes corresponding countermeasures for the supervision of virtual currency through combining the current practice situation in China and referring to foreign advanced legislative experience.First,the encouragement and guidance attitude need to be adhered in terms of the regulatory concept.Second,the commodity attributes of the virtual currency should be confirmed through legislation.In addition,regulatory focus should be placed on the virtual currency trading platform,which should be incorporated into the legal supervision,and the relevant obligations of the trading platform protecting user rights and”preventing the use of virtual currency money laundering should be clarified;Finally,a special virtual currency risk regulator should be set up to provide technical guidance for virtual currency regulation. |
