China’s Digital RMB has begun to prepare since 2014，By April 2020，The Institute of Digital Currency of the People's Bank of China announced，will be in Shenzhen、Suzhou、Xiong'an New District、Chengdu and Future Winter Olympics scenes perform digital RMB closed pilot tests。June 30, 2021，Beijing Rail Transit Open the entire road network digital RMB payment channel brush gauge experience test。With the pilot area of ​​Digital RMB、Scene、Expansion of Form，It is on people’s daily life、A subversive effects of commercial transactions have a subversive effect。Corresponding to it，What kind of adjustment should the existing legal system be made、Innovation，It is an urgent task in front of the legislators and the fittest。

　　bet365 live casino games

According to public information，Digital RMB issuance and circulation technical framework，can be summarized as "one currency、binary、Three Center "。Application，"One currency" is digital RMB，It is signed by the People's Bank of China，and the encrypted digital string representing the specific amount。"Binary" distribution can also be called "double layer launch" mode，means that the People's Bank of China first issued digital RMB to commercial banks (including payment institutions)，Circulation from commercial banks to users。"Three Center" from the certification center、Registration Center and Big Data Analysis Center。Certification Center according to the identity information of the user，Create a private key for the digital RMB account; the registration center is responsible for recording the user's digital RMB transaction information; the big data analysis center can access all the data，Risk control、Analysis of desensitization data such as anti -money laundering。

In essence,，Digital RMB can be defined as，Guarantee from national sovereignty，​​A compound algorithm、bet365 best casino games "Account Pine Coupling" form is based on，The legal currency in the digital form。It is completely different from the existing electronic payment tool。On the one hand，Digital RMB and a private digital currency represented by Bitcoin，There are fundamental differences。The first paragraph of the "Notice on Preventing Bitcoin Risk" issued by the five ministries and commissions of the People's Bank of China in 2013，"Although Bitcoin is called 'currency'，But because it is not issued by the currency authorities，No currency attributes such as legal and compulsoryness，Not a real currency。From the perspective of nature，Bitcoin should be a specific virtual product，No legal status as currency "。Visible，The core difference between the two is，Digital RMB has legal repayment，Private digital currency is just a virtual product，Legal status of not obtaining currency。

On the other hand，Digital RMB is not an electronic currency。Monetary -based legal permeability，The debtor uses digital RMB payment，Performance behavior belonging to the purpose of debt，Can directly eliminate debt relationships。but，Definition of Article 2 (2) of Article 2 (2) of the EU Electronics Instruction，"Electronic currency refers to the electronic (including magnetic) storage，As a currency value to the issuer's debt，This debt is established when receiving funds for payment transactions，and accepted by natural or legal persons other than electronic currency issuers "。Professor Omlor, an authoritative scholar in the German electronic payment law field, believes，It only has cash replacement function。So，The debtor uses electronic currency payment，It must also get the consent of the creditors，Legal effects that cannot produce equal to the use of legal currencies。

　An innovation of digital RMB and regulatory law

my country issued digital RMB through the issuance of China，Hope to promote the digital economy、Accelerate the internationalization of RMB。Among them, it is inevitable to involve currency issuance rights、System management rights、Regulations such as the bet365 live casino games right to formulate the rules and regulations。corresponding to it，The update of regulatory law is also imperative。The right to issuance of the People's Bank of China can naturally extend to digital RMB。Part of the point of view，It is necessary to specialize in legislation，Authorized the People's Bank of China to issue digital RMB。Actually，As long as it is the legal currency of our country -RMB，All should be exclusively issued by the People's Bank of China。The real processing idea is，equivalent to the real currency and digital currency，Natural extension of completing the right to complete currency issuance。"The People's Bank of China Law (Draft for the Draft Consultation)" adopted the idea of ​​natural extension。This is reflected as，Article 19, paragraph 2 of the "Draft for Opinions" clearly specifies，"RMB includes physical forms and digital forms"; at the same time，Coupled with Article 5, paragraph 1, paragraph 12 of items，The People's Bank of China undertakes the "Issuance RMB，Management of RMB circulation "responsibilities。

Digital RMB temporarily only has limited method。Article 16 of the People's Bank of China and Article 3 of the RMB Management Regulations，In the People's Republic of China，No unit or individual may refuse to accept RMB。This provision clearly clarifies the domestic payment status and law of RMB。This provision is completely applicable to physical currency，But it may be within a period of time，Can't fully apply digital RMB。Because，The circulation of digital RMB must be based on terminal equipment，and many parties may not have such equipment，Payment of unable to receive digital RMB。So，Limited method of recognizing digital RMB。and，Establish a limited method of digital RMB，Also take care of the elderly、The basic interests of disadvantaged groups such as disabled people, etc.，Avoid that the group is excluded from the normal transaction of society。This requires government departments、Public service agencies must receive payment of bet365 best casino games physical currency，Prepare a certain physical currency，To find zero。

Regulatory organs to digital RMB users，Privacy should be negative、Protection of personal data。In the context of physical currency，The regulatory authority almost does not directly master the identity information of currency users，There is generally no problem with personal privacy and data protection。but，Technical framework of the issuance and circulation of digital RMB，On the one hand，Registration Center records the circulation information of digital RMB，On the other hand，Certification Center is responsible for authentication user identity information。Both involve privacy、Settlement of personal data。Observe the current "People's Bank of China" and "People's Bank of China (Draft for the Draft Case of Amendment)"，can be found，Legislators have not realized the seriousness of the aforementioned problems。So，It is necessary to increase the protection of privacy of the regulatory organs、Special laws of personal data，Urges the regulatory authorities to continuously improve safety means，Maintenance of public interests。Legislation should specify the main body of reading digital RMB transaction information and user information。According to the existing technical framework，The "Firewall" between the registration center and the certification center，Avoid the information of both parties from being associated at will。but but，Do not rule out that in the future to maintain national security、Anti -terrorism、Anti -money laundering and other legal reasons，Read the transaction information and use the identity information of the user at the same time。In order to circulate in digital RMB、Financial Supervision、A balance between the use of the privacy of the user，Legislation should be specific，Read the subject、Reading conditions and reading procedures。For example，Central Financial Supervision Department、Public security organs、Supervisor and judicial organs must hold legal bet365 best casino games documents，Fang can read relevant information。

　　An innovation of digital RMB and civil and commercial laws

As a legal currency，Digital RMB has a measurement unit、Trading Media、Value storage three major functions。At the same time，As a new variable，Add to the equal transaction of the parties，It will undoubtedly cause the "linkage effect" of civil and commercial laws。

First，Digital RMB belongs to the personal property of the user。Determine the property attributes of digital RMB，Must analyze digital wallets in detail。Commercial banks in order to adapt to the circulation of digital RMB，On the basis of the traditional bank account system，Open a digital wallet specially used to store digital RMB。The relationship between digital wallet and digital RMB，Similar to sealing objects and content。The theory of mainstream science usually adopts the principle of distinction，Determine the overall of the sealing object is possessed by the trustee，The content of the content is possession of the client。Examine from the perspective of the mainstream theory，Actually，Users place digital RMB in the "safe" provided by commercial banks -digital wallet，and be left to a commercial bank for storage。Users still directly occupy digital RMB，and ownership。

2，Digital RMB does not constitute the bankruptcy property of commercial banks。Generally looking at，Reserve households hand over physical currency to commercial banks，Only in exchange for the claims to commercial banks。If the commercial bank is already in a state of bankruptcy，Reserve households do not have the priority for the previously delivered currency，Only equal compensation with other creditors。but but，Digital RMB situation is just the opposite。Users just hand over digital RMB to commercial banks for custody，and continue to enjoy ownership。This property does not belong to a commercial bank，It should not be included in the scope of its bankruptcy property。So，Users can get the right to get the right to get bankruptcy in accordance with Article 38 of the Enterprise Bankruptcy Bet365 lotto review Law，Directors directly from bankruptcy commercial banks，Get digital RMB，No need to be repaid equally with other creditors。Establishment of this rule，greatly improved the competitive advantage of digital RMB，Effective means to make it reasonable to avoid risks。

third，The Non -authorized Payment Liability Rules of Article 57 of the E -commerce Law，It can be applied to digital RMB。With the development of technology，The form of a digital wallet is increasingly richer。For example，In the Beijing Winter Olympics pilot application，There are digital RMB wearable equipment wallets，"Touch" with skiing gloves can be paid。other，ultra -thin card wallet、View card wallet and badge、Watch、Played equipment such as a bracelet and other wearable devices，It is expected to become future options。But，Payment convenience，Also accompanied by non -authorized payment risks。If others are not authorized by others，Use digital RMB in the digital wallet for payment，or transfer，Who should bear the risks? Article 57, paragraph 2, paragraph 2 of the E -commerce Law，"Losses caused by unauthorized payment，Below by the electronic payment service provider; the electronic payment service provider can prove that the unauthorized payment is caused by the user's fault，No responsibility "。This provision has been established，Electronic payment service providers first bear the basic rules of non -authorized payment risk。From the perspective of institutional design purposes，Convenience used in digital RMB、fluency，Should reach electronic banks、Network boundary with the same degree of third -party payment。corresponding，Risk allocation rules，It should also be equal with it，Avoid the competitive disadvantage of digital RMB。So，Digital RMB non -authorized payment risk，Commercial banks that provide digital wallets should take the lead。Commercial banks are responsible for liability，Come back to non -authorized payment executors。

Summary，Legal issues caused by the circulation bet365 Play online games of digital RMB，Should be cut in from the two dimensions of regulatory law and trading law，Announcement of two levels of laws respectively。For the "People's Bank of China Law" and "Commercial Banking Law" on the core layer，The legal positioning of digital RMB should be clearly specified，Increase the privacy of the supervisory organs、Specific requirements for the distribution of personal data and non -authorized payment liability。For non -core laws，Such as the "Anti -Money Laundling Law", "Tax Collection Management Law", "Enterprise Bankruptcy Law", etc.，It is also necessary to combine the characteristics of digital RMB，Make adjustment。

　(This article is the National Social Science Fund's major project "Research on the Protection of Internet Trading System and Civil Rights" (20&ZD192) Pharmaceutical results)

(Author Unit: Law School of East China Normal University)