Research On Legal Attributes Of Distributed Encryption Currency And Its Protection Path

Digital currency represented by bitcoin has caused a boom in recent years.Based on the underlying technology of blockchain,its unique decentralization mechanism,peer-to-peer transaction,anonymous operation and other characteristics,On the one hand,the speculative speculation of the people has formed a market of hundreds of millions of distributed cryptocurrencies,On the other hand,the state has completely denied the regulatory attitude.Up to now,there is no legislation related to distributed cryptocurrency in China,only the "Notice on the Prevention of Bitcoin Risks" jointly issued by the five ministries and commissions such as the People's Bank of China in 2013 and the `Notice on Preventing the Risk of Subsidy Issuance Financing" issued by the seven ministries and commissions of the People's Bank of China in 2017 are two administrative normative documents.The lack of law has led to the phenomenon of inversion of regulations.The lack of relevant legal systems and the unclear legal attributes of distributed cryptocurrencies have resulted in a lack of strong legal protection for user rights.The academic circles have disputes over the legal attributes of distributed cryptocurrencies,such as property rights,claims,and new rights.The non-extensibility of the traditional property right system of the dichotomy of property and debt is the root of the incomplete classification of the legal attributes of distributed encrypted currency.The General Principles of Civil Law(Draft)once defined digital currency as a property right attribute,but ultimately the General Principles of Civil Law did not adopt such a characterization considering various factors.Through the deep interpretation of the legal concept of property rights,combined with the technical characteristics of distributed cryptocurrency,and the experience of legal protection in extraterritorial countries,the author demonstrates the justification of the protection of distributed cryptocurrencies into property rights.Absolute and dominant attributes can be included in the protection of property rights as the object of property rights.In order to solve the above problems,the author believes that the national public authority can create a platform for special management and supervision of the operation of digital currency,and construct a set of real-name system,sound jurisdiction system,establishment of electronic evidence preservation system and value recognition method for the unique technical characteristics of digital currency.The judicial protection path enables digital currency to operate legally and legally,effectively protecting the legitimate rights and interests of digital currency users.