| With the continuous deepening of big data,artificial intelligence,blockchain and other digital information technologies,the economies of various countries are accelerating their transformation to the digital direction,and the demand for digital financial services is growing stronger.The use rate of traditional physical currency is declining year by year,and the electronic and digital trend of currency is obvious.At the same time,private digital currency emerged as the times require.Its huge trading scale and sharp fluctuations in prices pose a serious threat and challenge to the current monetary and financial system.Countries around the world began to start the research and development of legal digital currency.Among them,the United States launched a public-private digital dollar project for the need of precise investment,trying to maintain the reserve currency status of the dollar in the digital currency era.The central banks of European countries such as France and the United Kingdom have worked with financial institutions to develop legal digital currencies to maintain the stability of the sovereign monetary system and solve the problems of weak regional economic recovery.Japan,South Korea and other Asian countries have also accelerated to explore the possibility of issuing retail legal digital currency in response to changes in the domestic economic environment and changes in the financial market.China formally established the People’s Bank of China’s Research Group on legal digital currency in 2014 to carry out special research on the design framework,technical development,legal revision and other issues of legal digital currency,and officially started the pilot issuance of digital currency in 2021.The introduction of legal digital currency is conducive to maintaining the status of China’s sovereign currency,improving the effectiveness of monetary policy,improving the efficiency of cross-border payment,and promoting the further development of the digital economy.However,due to its intangible and anonymous characteristics,the current currency issuance model and legal management system cannot be directly applied.Therefore,at this stage,China’s legal digital currency is faced with uncertain basic concepts and unclear legal compensation status the basic theoretical problems such as the unclear boundary of right transfer and the lack of provisions on the rights and obligations of the operation subject,the legal system of new currency crime has not yet been established,and the inadequate response of the underlying technical supervision and other practical problems require a systematic analysis and prevention of its legal risks based on the existing research results at home and abroad.First of all,we must complete the revision of the law of the People’s Bank of China as soon as possible,clarify the issuing subject of legal digital currency,clarify its basic concepts,rights attributes and characteristics,and clear the basic obstacles for the issuance and circulation of legal digital currency.Secondly,it is necessary to revise the supporting laws of legal digital currency such as the law of commercial banks,the regulations on the administration of Renminbi,the law on the supervision and administration of the banking industry,define the rights boundaries of relevant issuers,strengthen the protection of users’ personal information,and provide legal support for the comprehensive promotion of legal digital currency and the transformation of electronic payment pattern.Thirdly,the judicial interpretation of the crime of legal digital currency should be issued as soon as possible to fill the deficiencies of the current provisions of the criminal law,the anti-money laundering law,the measures for the administration of anti-money laundering and anti-terrorist financing of banking financial institutions and other laws.Finally,it is necessary to sort out the relationship between technology and law in the regulation of legal digital currency,and strengthen the supervision effect of law on digital technology while using technical means to make up for the lack of legal supervision. |
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