Clarify the nature of the private law of digital currency
August 31, 2021 08:54 Source: "China Social Sciences", August 31, 2021, Issue 2241 Author: Luo Yong

In recent years,Digital currency represented by Bitcoin,As a new type of investment and payment means,With its unique decentralized structure、Anonymous、In principle, it is difficult to tamper and other characteristics,Won a lot of investor users,Bitcoin exceeded the 60,000 US dollars in March 2021。Digital currencies are becoming the air outlet of financial innovation and the focus of the world's financial community,It also caused the attention of the legal community to the protection of the right to digital currency holders,Clarifying the nature of the private law of digital currency has also become a major question that must be answered in the theoretical and practical circles。

Private law of digital currency,Some scholars advocate property rights theory,It is believed that digital currency and quasi rights have something in common,Therefore, it should be acknowledged。If you consider the property attributes of digital currencies,and digital currency reflects factors such as the domination of property value,Property rights say it is unreasonable。but but,In the context of property rights,Can't still make a convincing explanation on how to realize the issues such as property rights or quasi -property rights.,So there is no right to the right of its rights、bet365 Play online games Modeling and elimination of laws that are regulated。Although interpretation of the process of actual transaction,The conclusion that the digital currency has property rights or quasi right -related rights can be obtained based on transaction records on the blockchain,But if you think about it further,It seems difficult to find the appropriate theoretical basis from jurisdiction。

In view of the Japanese courts have recognized that digital currencies have a similar side of money debt,So can you cut in from the perspective of the claim theory,Relevant theories of borrowing legal currencies (that is, interpretation of money) to explore the nature of digital currency private law? For example,The jurisprudence of the Supreme Court of Japan believes,Under the rule of "possession is all",Money possessor can claim the ownership of ownership with de facto dominance。In other words,Money's transfer with the possessor on the occupation of real estate such as coins and banknotes (de facto dominance),Implement the value of the value of the appearance itself。So,Coins and banknotes are used as a medium.,It is a means to realize value transfer through the transfer of facts。It can even be considered,As long as the transfer of the same value can be achieved,Do not have to use a medium such as coins or banknotes。Digital currency represented by Bitcoin,Although there is no central centralized manager,However,Make data as a bodylessness look extremely difficult in dual concession and tampering。So,Drivers such as transaction bet365 best casino games records such as blockchain,can be achieved and used by coins、The same effect of media and other media objects -realize the transfer of value。Push in accordance with this logic and the class of legal currency interpretation theory,can derive the following conclusions: When someone implements the balance of digital currency trading accounts through the records of the blockchain,Then the digital currency belongs to this person。What must be pointed out is,Although the interpretation of the legal currency can some extent, it can respond to the problem of digital currency transfer and circulation,But due to the decentralized structure of digital currencies, the deletion of the issuer and the debtor,so that it cannot claim claims to a specific person,Debt corresponding to the debt can not talk about it,Therefore, the circulation and use of digital currencies cannot obtain a coercive guarantee guarantee from the country。

The particularity of digital currencies determines,When explaining the nature of the private law of digital currency,property rights theory and creditor's rights theory due to their own limitations,It is difficult to make a convincing explanation in the traditional property rights framework。Although the non -property nature of data advocated by scholars in my country,But digital currency as a new type of legal object with property value attributes — data,It has been recognized by Japan and other foreign legislation and judicial judgment,my country's bet365 live casino games "Civil Code" also incorporates data in the protection category,This provides a good legal basis for the nature of the private legal law of digital currency,Therefore, it should be placed in a suitable legal framework to discuss。

As far as the nature of the private law of digital currency,It is neither thing and money,It is not property rights and claims,It's not intellectual property,Instead, with the advancement of computer technology and the development of Internet communication technology,A new type of data that appears relying on the encryption algorithm,Its essential attribute is an electromagnetic record,This electromagnetic record (data) can achieve value transfer and circulation with the electronic computer system,The nature of the private law of property rights。In practice,Digital currencies represented by Bitcoin have been legally traded on major digital exchanges in Japan,Become the object of buying and sell。Generally speaking,Digital currencies have the same appearance as the legal currency and ordinary "things",Therefore, it can become an object of enforcement or inheritance。From this perspective,Digital currency has the same legal nature as property rights。What needs to be specifically explained is,Data has the characteristics that can be copied,Make it has a essential difference from a single body material,Therefore, when revealing the property right attributes of digital currencies, cannot be equivalent to objects or property。On the occasion of fund settlement,Digital currencies are used as a means of paying for consideration bet365 best casino games to be used to unspecified those,and be able to buy and sell between unspecified people。In other words,Digital currencies have the essential element of exchange value level,This property value attribute of property has obtained the legislative identity of the Japanese "Fund Settlement Law",and add a special chapter to regulate digital currency。

Specific words,Digital currencies have the following property value attributes: first,Can be used to repay the consideration from unspecified persons,and can exchange mutual exchanges with the legal currency with unspecified parties; second,Electromagnetic records recorded by electronic instruments and similar equipment,and the electromagnetic record can be transferred through the electronic information processing system; third,Digital currency does not belong to (Japan or foreign) legal currency assets。I think,In the actual transfer of digital currency,The transfer of value does not rely on the transfer of the same value,Instead, it is realized with the elimination and occurrence of value。At the same time,It is necessary,Its indispensable private law nature is to be able to belong to the specific person,and the elevation status of this exclusivity can be transferred to others。This kind of private law of digital currency,It is based on its essential element (or circulation) at the level of exchange value。and digital currency must realize the above belonging and transfer,That is, the use of an electronic information processing system to transfer bet365 Play online games online transfer,Only when he has the same rights that he has the same right to dominate the property rights。So,At least at the level of the ownership and transfer of digital currencies,It is a kind of data,Has the same private law of property rights。

Facing blockchain technology represented by digital currency,It is necessary to keep up with the times with the times to establish the nature of the private law,In order to deal with the right to protect the right to protect in judicial practice。my country's "Civil Code" has incorporated data into the category of protecting objects,Digital currency as one of the data,It should be a new type of legal object under the framework of civil law,and be protected on the basis of being supported by legal theory。Taking data,Focusing on the basic physical attributes of digital currencies,While revealing that it has certain property and debt nature,You can clarify the nature of its unique private law。In other words,Data said while integrating the complexity of digital currencies,can also avoid theoretical obstacles in the field of traditional property rights and claims,Ascend it to the upper concept of creditor's rights and property rights -discuss the framework of property rights,At least the nature of the private law of digital currency provides an idea。Of course,Due to digital currency dependencies in network space that crosses the border,Data theory The effectiveness and correctness of the data can stand the test,It also depends on the bet365 live casino games continuous in -depth research in the future。

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