| The development of information technology has brought great changes to human society.In order to comply with the trend of economic digitization and networking,digital currency came into being.Countries around the world have begun to study the issuance of central bank digital currencies endorsed by national sovereignty(Central Bank Digital Currencies,abbreviated as CBDC).Compared to other currencies,CBDCs are legally regulated and digital.According to object-oriented,CBDCs can be divided into wholesale CBDC for interbank payment and clearing and retail CBDC for the public.The central bank digital currency DC/EP(Digital Currency/Electronic Payment)issued by China is the world’s first CBDC anchored by national sovereignty and it’s a retail CBDC.After researching the basic theory and issuance practice of CBDC,I believe that the following legal problems may exist in the issuance of CBDC in China: in terms of legal positioning and nature,CBDC has the problem of lack of legal positioning and difficult to explain legal nature;In financial law,CBDC may cause financial disintermediation in commercial banks;in supervision,CBDC has problems such as incompatibility with the existing anti-money laundering and anti-counterfeit currency systems,and lack of supervision for cross-border circulation.This paper proposes solutions to the above problems: First,the legal currency status of CBDC should be clarified,its legal nature should be interpreted as a claim,and relevant laws and regulations should be revised at the practical level to incorporate it into the scope of legal adjustment;Secondly,we should learn the theory and practical experience of foreign CBDC,and prevent commercial banks from financial disintermediation by increasing the difficulty and cost of converting bank deposits into CBDC;Finally,from the perspective of "regulatory sandbox",by establishing;finally,from the perspective of "regulatory sandbox",Rebuild the CBDC regulatory system by establishing CBDC anti-money laundering,Anti-counterfeit currency and international regulatory rules. |
