Research On The Objective Aspects Of Digital Currency Crime

Today,with the vigorous development of network technology and digital economy,financial technology has become a new wind vane for the future world financial development,and research and development activities for digital currency are carried out in various countries in an orderly manner.At present,Chinese DCEP has been basically completed,and the pilot test work in various regions is also being carried out in an orderly manner.As a part of the legal currency system,the central bank’s digital currency is closely related to the country’s economic development and financial stability.Therefore,it is necessary to include digital currency in the discussion of currency crimes in criminal law,establish and improve the currency crime system in the context of digital currency,and do a good job in the issuance of digital currency.Circulation of criminal law guarantees.This article is divided into four chapters to analyze the objective aspects of digital currency crime:The first chapter first introduces the concept,characteristics and advantages of digital currency,and provides relevant concepts and background for the following discussion.Behind the series of positive significance of issuing digital currency,the current criminal law’s currency crime system has not solved the problem of insufficient response to digital currency,which is mainly reflected in the lack of clear criminal law recognition of digital currency,the current criminal law’s insufficient response to new currency crimes,and the lack of targeting The crime standard of digital currency crime,etc.In order to do a good job in the criminal law guarantee for the issuance of digital currency in my country,and at the same time meet the needs of the development of the criminal law,it is necessary and urgent to strengthen the criminal law regulation of digital currency crimes.The second chapter of this paper discusses in detail the issue of criminal law identification of digital currency.Compared with traditional currency,digital currency also has data attributes in addition to monetary and property attributes from the perspective of criminal law,which has caused a certain disagreement in the academic community on the issue of criminal law identification of digital currency.However,the digital currency to be issued in my country is the legal currency issued by the central bank.Whether digital currency is recognized as virtual property or computer data,it cannot reflect the essential characteristics and legal currency status of digital currency.Therefore,the conclusion should be given to the dual legal attributes of digital currency property and currency.While meeting the needs of other criminal regulations,digital currency should be included in the currency category of the criminal law and regulated as the object of currency crimes.The third chapter of this paper studies the criminal law regulation of new currency crime.From a forward-looking perspective,according to the formal and technical characteristics of digital currency,the author enumerates a series of new currency crimes that may occur after the official issuance of digital currency,including counterfeiting digital currency wallets,using,trading,and dissemination of counterfeit currency.There are three aspects of digital currency wallet and intrusion and destruction of digital currency issuance system.Since the existing currency crime system based on traditional physical currency is difficult to effectively deal with the new currency crime in the context of digital currency,the author analyzes the objective behavior elements of the existing charges in turn,and starts from supplementing the objective composition of the existing charges.From the perspectives of the essential elements and the addition of new crimes,the criminal legislation is perfected for new currency crimes in the context of digital currency,so as to achieve the purpose of crime prevention by criminal law.The fourth chapter of this paper discusses the issue of setting the amount of crime for digital currency crimes.The amount of crime is one of the components of the objective elements of a crime,and it plays an extremely important role in the process of conviction and sentencing.However,the amount of crime in existing currency crimes is Standards are difficult to deal with complex and diverse digital currency crimes.For generative currency crimes,the implementation of new currency crimes is generally based on digital currency wallets,so it is impossible to directly measure the amount or quantity of counterfeit currency like traditional currency crimes.For ex post currency crimes,due to the more diversified forms of crime and harmful results,the original amount standard has certain limitations in its specific application.The act of invading and destroying the digital currency issuance system has serious social hazards,and the impact on the currency issuance and circulation order needs to be fully considered when setting the crime amount standard.Based on the relevant analysis and the characteristics of new currency crimes,the author optimizes the crime amount standards of currency crimes,and strives to accurately,comprehensively and comprehensively evaluate the social harm degree of digital currency crimes.