online casino plan and The latest strategy
Source | Internet Financial Legal Consultant
Author | Chen Yunfeng
Online casino and The latest method
On January 9, 2018, in the judgment (2017) Hunan 0105 Minchu 6277 issued by the Changsha Kai Fu District People’s Court, the court held that the agreement between the parties on the exchange of Bitcoin and the assumption of the consequences after the exchange violates the national monetary policy, and it is believed that the nature of Bitcoin is clearly defined in the
This viewpoint clearly points out that the act of using Bitcoin as a medium of exchange, such as pricing or valuation methods using Bitcoin, violates the national monetary policy. Therefore, for transactions using Bitcoin as a pricing standard or medium of exchange, such as buying, settling, or exchanging as equivalent, if disputes arise, the transaction behavior of both parties is largely likely to be identified as invalid.
Viewpoint two: Bitcoin transactions are at the risk of the parties involved
On July 8, 2017, the People’s Court of Haidian District, Beijing City, in its judgment document (2017) Jing0108Minchu12967, recognized that when users use the lottery and how to find it trading platform to trade Bitcoin, and the platform does not act as the counterparty, the users bear the profit and loss of the transaction results themselves. It is also recognized that according to the provisions of relevant laws and regulations of our country, Bitcoin is not issued by monetary authorities and does not have the monetary attributes of legal tender and mandatory payment, and is not a true currency. However, there is no explicit prohibition on the investment and trading of Bitcoin by the parties involved in the laws and regulations, but it reminds all departments to strengthen the warning of investment risks to the public. Ordinary people have the freedom to participate in Bitcoin transactions on the premise of bearing their own risks, but need to invest rationally; Internet stations providing services such as Bitcoin registration and trading should be registered with the telecommunications management authority.
Therefore, in the case of online casino transactions, where the trading platform does not act as the counterparty, the risk should be borne by the investors themselves.
Viewpoint three: The transaction of online casinos and how to find them is not protected by law
On October 27, 2017, the People’s Court of Jiangning District, Nanjing City, Jiangsu Province, in its judgment document (2017) Su0115Minchu11833, recognized that illegal debts are not protected by law. Bitcoin, tokens, and other online casinos and how to find them, according to the notices and announcements issued by the People’s Bank of China and other departments, are not issued by monetary authorities and do not have the monetary attributes of legal tender and mandatory payment, and are not truly currencies. In terms of nature, online casinos and how to find them should be a specific virtual commodity, without the legal status equivalent to currency, and cannot and should not be circulated and used as currency in the market. The act of citizens investing and trading in other online casinos and how to find them, as illegal objects, although it is a personal freedom, cannot be protected by law.
This viewpoint is similar to the previous one, but the difference lies in that it mentions the identification of Online casino and How to find it as illegal property, which is different from the virtual goods recognized by the central bank. In the case of voluntary participation by the parties, the consequences of buying and selling Online casino and How to find it are still borne by individuals.
Viewpoint 4: Bitcoin has economic value
On May 3, 2017, the People’s Court of Wuzhong District, Suzhou City, issued a judgment in the case No. (2017)苏0506Xinchu66, in which the defendant threatened to disclose the victim’s information, forcing him to pay a total of 20 Bitcoin. The court finally determined that the defendant extorted public and private property, the amount was huge, and his actions had constituted the crime of extorting and soliciting.
The Criminal Law of China and its interpretations limit the object of the crime of extorting and soliciting to the ownership of public and private property and personal rights and interests. In this case, Bitcoin is included in the category of property, and the value of Bitcoin is determined by the price certification opinion letter, which affirms the economic value of Bitcoin.
From the perspective of the above judicial opinions, in most cases, the transactions between investors, such as agency, lending, mortgage, and transfer, are risk-bearing by themselves. On the one hand, it is because China lacks necessary regulations for the trading of Bitcoin and other lottery and How to find it, and the court often cannot make an effective judgment; on the other hand, most investors have a limited understanding of Bitcoin and other lottery and How to find it, and it is difficult to protect their rights and interests through favorable channels. Of course, with the further issuance of relevant laws and regulations on lottery and How to find it by regulatory authorities, the order and standardized operation of the transaction market will be guaranteed.
Editor: Chizhu
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