The general principles of civil law draft: bitcoin and other virtual property or will be officially protected by law
The general principles of civil law draft officially released, the network virtual property, the data will become the right, this also means that the bitcoin virtual currency as the representative of the digital currency, network game currency as the representative and big data as the representative data information will be officially recognized as the object of civil rights.
In June 27th, the twelve session of the twenty-first meeting of the NPC Standing Committee held in Beijing. The meeting for the first time to consider the general principles of civil law of the people’s Republic long meeting of the NPC Standing Committee to the “(Draft)” description of the motion. The provisions of the network virtual property, the data model of civil right object, means that the network virtual property, the data will become right.
Related to the network virtual property and data information in the draft two. 104th: including movable and immovable property. The specific legal provisions of rights or the network virtual property as the object of property rights, in accordance with the provisions of. The 108th draft of paragraph second: eighth (including intellectual property) data.
After the “constitution” and “civil law” of the relevant provisions of the network virtual property is quite general, but to provide space for the interpretation of the “constitution” in 2004 after the modification, the protection of citizens’ lawful private property is explicitly included in the constitution, the legal private property summary provides a great space for the property of civil law interpretation; “civil law” stipulates: “citizens of personal property including citizens legitimate income, housing, savings, daily necessities, cultural relics, books and reference materials, trees, livestock and the law allows citizens of all means of production and other lawful property.” There is no clear network virtual property into the property rights of individuals, but for “other lawful property”, there is no clear legal interpretation, provides space for its interpretation.
In addition, the central bank released in 2013 “about bitcoin risk prevention notice” also made it clear that the nature of bitcoin, bitcoin is not issued by the monetary authorities do not have the law, such as monetary compensation of the mandatory property, not the true meaning of money. From the nature point of view, bitcoin is a specific virtual goods, does not have legal status and monetary equivalent, can not and should not be used as currency in circulation in the market. However, bitcoin transaction as a commodity trading behavior on the Internet, ordinary people have the freedom to participate in the risk from the premise.
In recent years, disputes about virtual property is stolen bitcoin emerge in an endless stream: legal recognition? How to define the network account was stolen? The property of data leakage adults? Previously on this kind of cases has been difficult to obtain evidence, legal and other reasons was shelved fuzzy fringe, such as a large number of network account theft, theft of game currency, most rely on the game manufacturers for adults.
The general principles of civil law draft released for the above problems through legal channels.
But the virtual property rights there are still many problems to be solved, such as pricing. Although there are other digital currency bitcoin enterprise operating trading places, but such trading venues are almost all private and entrepreneurial background, not only the price gap between each other, there are also problems of credibility; Q coins and other virtual currency is stored in the computer in a set of data, one of its characteristics is unlimited copy, this is the true value of painting in question; and with big data as the representative of the data information is more difficult to market pricing, such as wheat, soybean data used in agricultural planning and for futures, under different scenarios of pricing is not the same.
This also leads to earlier, network virtual property disputes are difficult to obtain fair compensation.