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Study On The Legal Nature Of Digital Currency

Posted on:2021-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y M GuoFull Text:PDF
GTID:2506306107480494Subject:Law
Abstract/Summary:PDF Full Text Request
In the era of big data,the Internet finance and electronic payment industries have developed rapidly.Digital currency based on blockchain technology is gradually entering people’s vision.The explosive growth of its market size has also attracted the attention of government regulatory agencies around the world.Since digital currency transactions are not restricted by time or geographic location,it greatly facilitates the trading of digital assets,which in turn has a significant impact on the existing financial market and even the currency system.But we should also realize that while the rapid development of emerging things brings economic benefits,the supporting superstructure should also keep pace with the times and keep pace with development.Regarding digital currencies,due to their complicated technical principles and practical applications,countries in the world have never stopped discussing.The legal protection of digital currencies represented by bitcoin in different countries is still in the exploratory stage,and consensus has not yet been formed,especially There are many controversies in terms of legal status.This phenomenon is particularly prominent in our country.When dealing with related legal disputes,there is no unified standard for the judiciary in various regions,and there are large differences in value judgments,which leads to increasingly prominent practical contradictions,which seriously hinders the development of economy and technology.Therefore,how to define the legal status of digital currency and clarify its legal attributes have far-reaching theoretical and practical value for the realization of my country..This article will be introduced from the following six parts: The first part is an introduction.This article first takes the development background of digital currency as an entry point,through a comprehensive analysis of the research status of foreign countries and domestic academic views,and then presents the research on the nature of digital currency.It has great practical significance.The second part is the concept of digital currency and its legal nature disputes.This part systematically introduces the typical characteristics of digital currency from three perspectives of concept and technical characteristics related concepts,and gives its own to digital currency The definition,that is,the digital currency in the legal sense is recorded in electronic form,can meet people’s production and life needs,use value and exchange value of intangible property.Finally,the legal status of my country’s digital currency is described from three aspects: digital currency’s legislative norms,judicial practice and academic disputes,and the current legal protection of digital currency is insufficient,which leads to the practical issues of the legal nature of digital currency disputes.The third,fourth,and fifth parts are the theoretical analysis of digital currency.They make detailed analysis of the legal attributes of digital currency from the three perspectives of objects,data,and currencies to demonstrate the lack of understanding of digital currency under the traditional theoretical framework.The verification of the attributes of the virtual property of the network lays the foundation;the sixth part is the legislative choice of the legal nature of China’s digital currency.Through the virtuality,it has the economic and value of the property,the exclusiveness of the property and the disposable nature of the property.It proves that digital currency belongs to network virtual property,and puts forward the theoretical basis and practical significance of including digital currency into the protection scope of network virtual property.
Keywords/Search Tags:Bitcoin, Digital currency, Virtual property, Legal nature
PDF Full Text Request
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