Research On Legal Problems Of Network Virtual Currency

The currency of network has already been popularized,which permeate through every aspect of netizen's network life,and the applicable scope is more extensively. But what is the currency of network is still unclear to everybody. Though they have announced some characteristics of the currency of network,which are not reflected the essential attribute and function of the currency of network in our country.Combining the current situation of the development of our country,in my opinion, the currency of network was issued by the network facilitator,which exist in the form of electronic data,and it is a electronic means of payment which make circulating and paying in the form of electronic information transmission through the network.The characteristic of network currency are virtual,limitation,controlling and real value. It's neither legal tender nor electronic currency,even not cash equivalent certificate and virtual property of network.The currency of network has the characteristics of creditor's rights,as a means of payment which more and more popular on the cyberspace at present,it also has the characteristics of real right obviously It is a typical representative of a real right with integrated creditor's rights. According to the relationship between each legal subject that the virtual currency of network embodies in the course of basical circulating,The subject of the legal relation of network currency mainly includes the network facilitator (the issuer),the consumers (the user ) and the special network service provider,etc. The object of the legal relation of the network currency is that a behavior of small fund allocates. The content of the legal relation of network currency is mainly legal right and obligation between each subject.Because of a great deal of risks storing in business of the network currency,it is necessary to serve and permit the system to the currency of network specially. The issuer must obtained the liscence of network currency before doing the business.The People's Bank of China should strengthen supervision on issuance of the network currency,flow,statistics and control,control quantity and scale of the currency of issuer's circulation effectively,to protect consumers' interests through prevent the devalue of network currency when circulation of network currency broken by issuer.The People's Bank of China should help the trade organizer and large-scale issuers to draft the contract model of network currency service,to protect the legal rights and interests of consumer.