Regulation Of Bitcoin Trading

Since the birth of Bitcoin, the value of it ups and downs. Though with the release of notification on the risk of Bitcoin, the price of Bitcoin becomes steady, the criminal behavior by using Bitcoin hasn’t. Besides, there is no valid legal basis to make sure the Bitcoin’s legal nature and how to regulate the criminal behavior effectively. In order to fight bitcoin crime better via criminal law, the essay analysis and studies the Bitcoin in detail to try to regulate the Bitcoin criminal behavior better. This thesis has four chapters:The first chapter mainly introduces the Bitcoin. At first, the author makes simple statement about the characteristics, trading process, getting way and technical risk of Bitcoin. Then, lists the countries all over the world about their attitude towards Bitcoin including accepting the coin, didn’t accepting and limiting the coin. At last, the thesis makes sure the legal nature of the coin. The Bitcoin is quite different from electronic cash, it can’t be electronic currency in our country. But it is property, it can be protected by the right of property.The second chapter makes simple study about common problems in the Bitcoin crime which including the value assessing and the jurisdiction. In this part, the author proposes several different assessing method, advocates selecting proper standard synthesizing the advantages of different method according the specific situation. As to the jurisdiction, though the academics list different theories, they all have their defect. So the author stands when identifying the jurisdiction,we should absorb the new theory critically on the basis of rational traditional theory, in a word, limiting the locus of the crime by using the principle of violating relevance on the basis of traditional jurisdiction theory. At last, the author discusses the crime coherency between the Bitcoin crime and computer crime to avoid the impropriety while conviction and sentencing.The third chapter states the criminal behavior in the trading of Bitcoin, including the larceny, fraud and money laundering in the Bitcoin crime. The author makes detail statements about the characteristics of Bitcoin larceny, analyses the behavior type of Bitcoin larceny, and focuses on introducing constituting theft. When introducing the fraud, the author makes detail statements about the way of Bitcoin fraud, meanwhile, makes comparison with the Ponzi Scheme concluding that Bitcoin won’t be another Ponzi Scheme. As to the money laundering, the author states the process of laundering money through Bitcoin, characteristics and discusses the problem how to identify the omission as a online trading platform.the last chapter illustrates the deficiency of criminal law and how to improve it to apply it better to regulate the Bitcoin crime. In the deficiency, the author mainly states the deficiency of the normative documents and law. The deficiency of normative documents mainly reflect in the documents mainly regulating the virtual currency in the online game, they don’t refer to other kinds of virtual currency, and their rank is relatively low, they can’t be used firstly. While as to the law, its deficiency is that the scope of property is too narrow, it only includes the legal property owned by the citizen in the realistic society, for the virtual property, even for more specific virtual property is not mention. Aiming at the deficiency referred above, the author proposes to issue legislative interpretation by the Standing Committee of National People’s Congress which enlarge the range of property regulated by Article ninety-two of the criminal law, making the virtual property as Bitcoin including into the scope of the clause 4. Only in this way, can we improve our criminal law and fight Bitcoin crime better.