Research On Criminal Law Regulation Of Illegal Acquisition Of Other People’s Bitcoin

Bitcoin was born in 2009 when Satoshi Nakamoto discovered the first blockchain called Goblock.Since its birth,Bitcoin has rapidly become the world’s most popular financial investment tool and a universal trading tool based on blockchain technology.However,while Bitcoin brings huge economic value and speculative interests,bitcoin-related crimes also emerge in an endless stream,involving financial order crimes,computer crimes,property crimes,and crimes against justice.Among them,there are theoretical disputes and practical differences in the identification of illegal acquisition of bitcoin,which is worth studying.At present,there are two main ways to identify the illegal acquisition of bitcoins in judicial practice.The first is to treat it as a computer-related crime.The second is to treat it as a property crime.The reason for this difference lies in the different understanding of the legal attribute of Bitcoin,especially the criminal attribute of bitcoin.In other words,the former believes that the criminal law cannot identify the property attribute of bitcoin when the administrative law and civil law do not confirm the property attribute of bitcoin according to the criminal law subordination theory of the unity of law and order.While the latter emphasizes the economic value of bitcoin,thus directly recognizing the property property of bitcoin in criminal law.Some argue that bitcoin should be considered as a contraband.In this background,the paper USES the case analysis,teaching analysis,cognizance and illegal access to the property of the currency COINS behavior analysis,aimed at resolving illegally obtaining the COINS by others different sentence connection with the problems in the judicial,and COINS for illegally obtained theoretically others shall be deemed to be stealing.This paper will be divided into four chapters to study this issue: The first chapter mainly introduces the basic situation of Bitcoin and the current situation of legal supervision;The second chapter attempts to find a more accurate legal positioning of Bitcoin by sorting out the theoretical research results of bitcoin properties.Meanwhile,a judicial case study is carried out focusing on the crime of illegal acquisition of Bitcoin,and the judicial status quo of the current law regulating illegal acquisition of other people’s bitcoin is analyzed and summarized.The third chapter clarifies the path of criminal law regulation of illegal acquisition of Bitcoin,namely the path of property crime regulation.At the same time,it demonstrates the legitimacy of this regulatory path,including sorting out the research on the property theory of virtual property,through the property theory to demonstrate the property properties of bitcoin;The fourth chapter,based on the previous research and combined with the current background and judicial status,clarifies some specific identification of illegal acquisition of other people’s Bitcoin in criminal law in order to solve the obstacles in conviction and sentencing.