| Virtual currency is not issued by the national monetary authority and cannot be used as currency in the market.This article first explains the relevant situation of virtual currency,and describes the definition,the difference,classification and characteristics of virtual currency and related concepts.Virtual currency crimes are socially harmful acts committed using virtual currency as the target of crime or using virtual currency.The use of virtual currency by criminal actors is increasing.Based on the analysis of the judicial status of virtual currency crimes,this paper studies the common virtual currency-related crimes.In order to study the systematic,it is classified according to the crimes that may be involved in the virtual currency application scenario.Specifically,virtual currency issuance crimes are mainly crimes of illegal fundraising and the crime of organizing and leading pyramid schemes;Virtual currency transaction crimes,including money laundering,concealing or concealing criminal proceeds,aiding information network criminal activities,etc.;Crimes of illegally obtaining virtual currency,including theft and illegal acquisition of computer information system data.There are many kinds of crimes involving virtual currency.In judicial practice,when identifying crimes involving virtual currency,there are some common problems based on the uniqueness of the generation and operation mechanism of virtual currency.The denial of virtual currency as property is related to the determination of the crime of illegally obtaining virtual currency,and there is a great controversy about the legal attribute of virtual currency in judicial practice.This paper studies the legal attribute of virtual currency and puts forward that the legal attribute should be determined according to the classification of virtual currency,that is,the property attribute of mainstream virtual currency should be determined,while other virtual currencies should be treated as electronic data because they have no application scenarios and values.This paper analyzes the problems existing in the identification of virtual currency issuance crimes and virtual currency transaction crimes in judicial practice.The problems existing in the identification of virtual currency issuance crimes include whether token issuance financing absorbs mainstream virtual currency to constitute a crime of fund-raising fraud,and whether virtual currency is suspected of illegally absorbing public deposits,the crime of fund-raising fraud or the crime of organizing and leading pyramid schemes is similar and difficult to distinguish.Whether the crime of money laundering exists in the crime of virtual currency transaction requires the actor to know it and it is difficult to identify it in the crime of virtual currency transaction.In this paper,under the existing national legal framework and prior supervision policy,the above problems are analyzed and the corresponding improvement measures are put forward.Crimes involving virtual currency belong to property crimes,and the determination of the amount involved is directly related to the conviction and sentencing of criminal acts.However,virtual currency is not legal tender and there is no authoritative and nationally recognized virtual currency price determination institution.Based on the analysis of the methods of determining the amount of crime in judicial practice,this paper puts forward to establish a standardized price evaluation system to evaluate the price of virtual currency,set up a special virtual currency judicial appraisal institution,which will issue a professional price determination report,and formulate rules for determining the amount of crime to comprehensively determine the amount of crime. |
