全国人大代表江帆建议：涉案虚拟货币处置制度亟待完善

The disposal of virtual currency by Ruan Zhanjiang, an all-media reporter of the rule of law daily, has become a key and difficult issue in judicial practice. Recently, Jiang Fan, chairman of the board of directors of Hunan Renhe Law Firm, a deputy to the National People's Congress, suggested amending the relevant provisions of the People's Republic of China (PRC) Criminal Procedure Law to further improve the disposal system of virtual currency involved. In recent years, criminal cases involving virtual currency have been presented because of the favor of criminal activities such as fraud, extortion, money laundering and terrorism. The trend of increasing year by year, the proportion of virtual currency in the property involved in criminal cases is increasing. Jiang Fan pointed out that due to the different attributes of virtual currency and traditional property, the existing system stipulates that investigation measures and property disposal methods can not meet the practical needs of activities such as seizure, custody and realization of virtual currency involved, and the relevant normative documents are vague about the key issues such as the guidelines and procedures for handling virtual currency involved by case-handling organs. Some case-handling organs are forced to adopt subjective presumption to promote the property involved. The working process of disposal leads to the practical problems such as the lack of legal application, imperfect compulsory measures, doubtful liquidation procedures, etc. How to take compulsory measures such as seizure and freezing for virtual currency involved in judicial practice? Jiang Fan pointed out that the anonymity and decentralization of virtual currency make it difficult to track and supervise transactions and increase the difficulty of investigation and evidence collection. The imperfect working mechanism increases the difficulty of seizure and freezing, and the value of virtual currency fluctuates greatly. It is necessary to ensure the safety of assets during the seizure and freezing period and avoid the loss of value. The concealment and virtuality of virtual currency require perfecting the custody scheme, standardizing the operating procedures and strengthening the management of the handling personnel to prevent the loss caused by improper custody or the transfer of private shares. The contradiction between the prohibition of circulation of virtual currency in China and the practical need to realize the disposal of virtual currency involved in the case has not been reconciled. Jiang Fan pointed out that in criminal cases, In fact, the realization of the seized virtual currency can conform to the interests of many subjects, and the huge economic value behind it can make up for the property losses of the victims in criminal cases, protect the legitimate rights and interests of the victims from infringement, and give the criminal suspects a chance to get a lenient punishment. However, the notice on further preventing and handling the speculation risk of virtual currency trading clearly stipulates that virtual currency cannot be circulated in the market as currency, and the business activities related to virtual currency are characterized as illegal. The investment and trading activities of virtual currency in financial activities are not protected by civil law, which brings great obstacles to the judicial organs' disposal of virtual currency. It is difficult for the judicial organs to sell and auction the confiscated virtual currency through legal and authoritative channels, which leads to the fuzzy gray area of the current disposal of virtual currency and lays multiple hidden dangers. Because the business activities related to virtual currency are characterized as illegal financial activities, there are no specific normative documents on the disposal of virtual currency involved in China. Jiang Fan pointed out that in practice, in order to safeguard national interests and victims' interests, the judicial organs mostly entrust private technology enterprises to handle virtual currency on their behalf, and the companies sell virtual currency and hand over the realized income to the judicial organs after deducting the service fee. However, there are some problems in the actual operation, such as insufficient legal basis, high realization cost and difficult supervision, and the disposal procedures are not open and transparent. This is likely to lead to problems such as rent-seeking and price difference corruption. Based on the practical needs of judicial practice, we must first clarify the legal basis for the disposal of virtual money involved. Jiang Fan believes that Article 127 of the Civil Code of People's Republic of China (PRC) has stipulated that the law has provisions on the protection of virtual property in data networks. According to its provisions, it can be seen that virtual money, as an electromagnetic record with property existing on the network, has been recognized by the Civil Code and its property attributes can be measured by existing measurement standards. In this regard, Jiang Fan suggested that Article 144 of the People's Republic of China (PRC) Criminal Procedure Law be amended to read: The public security organs of the people's procuratorates may, according to the needs of investigating crimes, inquire and freeze the deposits, remittances, bonds, shares of stock funds, virtual currency and other properties of criminal suspects. Relevant units and individuals should cooperate with the deposits, remittances, bonds, shares of stock funds, virtual currency and other properties of criminal suspects. If they have been frozen, they may not be frozen again in a clear way. On the basis of this, it is necessary to construct complete disposal procedures and measures. Jiang Fan believes that the first thing to do is to formulate special normative documents for the disposal of virtual currency. It is suggested that the procedures of seizure, valuation and custody of virtual currency should be jointly stipulated by the three organs of public security and procuratorial organs in the form of judicial interpretation documents, such as the provisions on several issues concerning the procedures of withdrawal, seizure, valuation, custody and liquidation of virtual currency in criminal cases, and the financial supervision departments should cooperate with each other to strengthen the handling of virtual currency in criminal proceedings. Control the possible financial risks and provide professional advice in the financial field. Secondly, it is necessary to build a fair and transparent virtual currency realization mechanism. Jiang Fan believes that the establishment of franchise rights subject to the approval of relevant ministries and commissions should make clear that its franchise scope is the judicial evaluation and disposal of virtual assets, virtual currency, digital assets, digital currency encrypted assets, encrypted financial products, etc. At the same time, it should be clearly recognized that virtual currency can be used as a long-term insurance. On the basis of my consent and the approval of the person in charge of the public security organ at or above the county level, I will introduce the examination mode of the procuratorial organ or the judicial organ to strengthen the supervision of the investigation organ's prior disposal, and at the same time, I will build an information disclosure mechanism and supervision mechanism for the realization of the virtual currency involved. Jiang Fan believes that it is necessary to make clear the source of transaction funds through the openness and transparency of the disposal information, and supervise the transaction in real time to ensure that all parties can know the whereabouts and current situation of the seized virtual currency in real time after the criminal suspect voluntarily agrees to dispose of the virtual currency. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

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