| With the rise of private digital currency such as bitcoin,the sovereign status of monetary countries has been challenged.In order to cope with the growing influence of private digital currency,countries have started to develop legal digital currency issued by their central banks.At present,the legal digital currency,which is developed by the special research team of the people s Bank of China,has entered the pilot test stage after years of continuous exploration,and will be officially issued in the near future.The legal digital currency in China is the RMB in the form of digital,which is the extension of RMB in the digital form,with legal compensation,digital and controllable anonymity.As a new thing combining finance and technology,legal digital currency may cause technical risk,credit risk and legal risk in the process of issuing and circulating.The development of financial business requires corresponding financial supervision measures,while the issuance and circulation of legal digital currency also belongs to financial activities and financial supervision.At present,there is no legislation on legal digital currency in China,and the supervision itself is lagging behind,so it is necessary to construct the corresponding regulatory legal system to deal with these possible risks.In addition,the development of financial technology in China also promotes the development of regulatory technology,and the financial technology supervision mode of the central behavioral supervision center has been established.Therefore,it provides feasibility for the construction of legal digital currency supervision legal system in terms of technology and supervision mode.In order to better promote the construction of the legal system of legal digital currency supervision in China,we should follow the principles of balance of technological innovation and financial stability,balance between financial efficiency and financial security,balance between data management and privacy protection,so as to achieve full balance of various interests.Facing the deficiency of the current legislation of legal digital currency in China,we can give the legal digital currency the same legal status as cash in legislation,and in the early issuance process,it gives the legal digital currency limited legal compensation,and makes clear that the legal digital currency can only be used in specific payment fields.At the same time,we should build a three-tier regulatory legal system of law administrative regulation financial regulation rules.In the establishment of the legal digital currency supervision subject in China,we should make clear the central bank supervision center position,and accept the CBRC,commercial banks and judicial organs as other regulatory bodies,and form a diversified supervision system.For the legal digital currency specific regulatory mechanism construction.The issue standard of legal digital currency should be unified and the dual issue mode of central bank commercial bank should be adopted;for the protection of user privacy that may be involved after the issue,a reasonable balance should be achieved between the protection of individual rights and the maintenance of the order of currency circulation;the supervision of anti counterfeit currency and anti money laundering risk in legal digital currency should also be strengthened to deal with the problem The new type of counterfeit currency and new money laundering mode may appear after the issuance of legal digital currency;and the combination of supervision and technology should be strengthened to use the regulatory mechanism of regulatory sandbox.In addition,we should pay attention to the international supervision cooperation of legal digital currency,build an international regulatory cooperation platform to share regulatory information,provide the basis for the adjustment of the regulatory rules in the country through cooperation of the regulatory agencies of various countries,and effectively combat transnational crimes caused by the use of legal digital currency. |
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