Research On Legal Regulation Of Digital Currency Electronic Payment

With the continuous development of the pilot project of digital RMB,some new problems and thoughts have also arisen.The characteristics of digital RMB,such as digitalization and invisibility,make it difficult to effectively regulate it in the current national currency-related laws.At the legal level,there are problems such as legal status,legal compensation attributes,identity attributes,and disclosure of user privacy information.At the regulatory level,the regulatory concept,legal norms and regulatory system need to be updated urgently for adjustment.At the judicial practice level,the criminal acts involving digital RMB challenge the existing judicial system of currency crimes.Based on this,this paper analyzes the legal problems in the issuance and circulation of digital RMB,and tries to provide corresponding solutions from the perspective of legal theory and legal norms,with a view to making suggestions for improving the legal regulation system of digital RMB.In addition to the introduction and conclusion,the full text is divided into four parts to study the legal regulation of digital RMB:The first part is to analyze the evolution logic foundation and basic theory of digital RMB,sort out the inherent logic of the birth of digital RMB,understand the nature,characteristics and functions of digital RMB,and further clarify that digital RMB still belongs to the category of legal tender in China by discriminating with legal entity currency,electronic currency and private digital currency.The second part discusses the necessity of implementing regulation in politics,economics and law from the theoretical basis of digital RMB regulation.Through cross-disciplinary and multi-level analysis,it is clear that the principle of circulation efficiency,the principle of balance of rights and interests and the principle of rule proportion are adhered to to to implement legal regulation on digital RMB.The third part analyzes the multiple dilemmas of digital RMB legal regulation,including vague legal status,controversial legal compensation attribute,unclear identity attribute,risk of personal information disclosure,lagging regulatory concept,regulatory legal norms and regulatory system,and the current monetary crime system can not comprehensively summarize the violations of digital RMB.The fourth part is to put forward specific suggestions for the dilemma: first,it is necessary to affirm the legal status of digital RMB with clear legal provisions and dialectically establish its legal compensation according to the actual application.Secondly,construct the identity attribute of digital RMB at the legal level;Improve the protection scope of users’ personal information and limit the scope of use.Thirdly,adhere to the concept of digital RMB supervision that pays equal attention to financial security and efficiency,currency stability,scientific and technological innovation and user privacy;Adopt the legislative path of amending relevant laws and formulate an exclusive implementation rule to meet the requirements of monetary supervision in the digital economy era;Innovate the "sandbox supervision" mode suitable for China’s national conditions and set up a special supervision department to achieve effective supervision.Finally,recognizing that the interpretation of criminal law is difficult to achieve a comprehensive solution to the problem,it is necessary to establish an effective judicial governance system for crimes involving digital RMB by clarifying the legal status of overseas legal digital currency,adopting the dual methods of legislative perfection and judicial interpretation refinement,and establishing the crime of obstructing the management order of digital currency.