| With the development of information technology,big data and artificial intelligence,the world is becoming more and more digital.Money,as a kind of social relationship,has undergone qualitative changes again in this technological change,which enriches the form of money.It is no longer a single physical currency before,but a digital one.The circulation of digital currency has the characteristics of convenience,efficiency and low cost,which can meet the increasing needs of the masses for a better life.The digital currency has entered the public eye and appeared in People’s Daily life and economic communication activities.The development and change of currency not only represents the transformation of Commodity Exchange relations,but also symbolizes the power-economic relations represented by national sovereignty.Different legal properties of money will produce different policy stances.According to the survey data of the Bank for International Settlements,countries that develop sovereign currency projects account for more than 80%.China’s central bank also actively participates in the research and development of digital currency.It has been seven years since2014,and it has been tested in Suzhou,Shenzhen,Chengdu and other pilot cities with remarkable results,indicating that the full implementation of digital currency is expected soon.Before the birth of digital currency official we need to prepare amply,the issue of China’s central bank figures currency needs not only advanced science and technology as the support,also need to perfect the laws and regulations of the escort,but our country in the aspect of legal regulation system for digital currency in a vacuum,the lack of relevant legal basis,many legal problems on the back of private digital currency before,poses challenges to the legal system and financial regulation of our country,makes our country to digital currency how to carry out reasonable effective supervision become a new subject,financial regulators face to respond to legal science.We can draw lessons from the supervision experience of private digital currencies that adopt blockchain technology at home and abroad in the process IV of operation,so as to provide legal ideas and strong institutional guarantee for the problems encountered in the issuance and circulation of digital currencies by the central bank.Therefore,this paper takes the legal regulation issues involved in digital currency as the main research object,and divides the research into five parts.The first part,This paper mainly introduces the origin of digital currency and the current environment of China’s digital currency development at the legal level,explains the domestic and international significance of the legal supervision of digital currency,domestic and foreign digital currency theory,legislation,supervision and practice status and experience.The second part,Simply expounds the concept and characteristics of digital currency,and to clarify the concepts related to digital currency,focused on digital currency to define the legal attribute,and the currency attribute,the attribute of real right in this,discusses the legal digital currency and private digital currency in such aspects as function,public law attribute and the difference between a common problems in such aspects as the underlying support technology,facilitate more intuitive to understand both the similarities and differences.The third part,Emphatically discusses the present our country related to digital currency regulation,the "notice for preventing the risks of currency","for the issue of financing to prevent tokens announcement" and "on guard outside the ICO and the hint of" COINS "trade risk three official regulatory documents of the background,implementation,analyzes cause consequences,hope for the issue of subsequent legal digital currency in China legal reference and lessons learned.Combined with the relevant cases,the legal problems that China’s digital currency may face are predicted in advance,including the issue basis of legal digital currency,legal compensation,anti-counterfeit currency,anti-money laundering,personal information disclosure and other issues.The fourth part,Then through the United States,Japan,Britain and other countries of digital currency regulation legislation present situation,summarizes various problems existing in the operation of national digital currency,finishing the similarities and differences among different countries about the legal regulation system for digital currency,take the essence,discard the dross,financial innovation in the implementation and regulation of law of both cases,combined with domestic actual situation,outside the digital currency legislation supervision experience.The fifth part,For digital currency could face legal problems in the future,combining with related foreign policy experience and lesson in the legislation,considering its operational features of the digital currency,corresponding legal advice and opinions,first of all,clarify the legal status of digital currency,improve the relevant legal effectiveness level,and then strengthen the digital currency trading platform,the respect such as the tax regulation,finally discussed the digital currency could lead to the problem of counterfeiting and money laundering,personal information leakage and improve the mechanism of anti-money laundering,anti counterfeit system and special personal information protection legislation. |
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