Research On Legal Supervision Of Bitcoin

With the advent of “Internet + financial”,Bitcoin arises at the historic moment,which has the extraordinary creativity and the representative.Bitcoin,groundbreaking and unique,has its own production and trading mechanism.And then people gradually understand and recognize the value and role of Bitcoin,which makes its business areas and the use of Bitcoin maintain continuous developing trend.Bitcoin,a double-edged sword,brings a huge impact and a new perspective to the economic and financial,and brings a new ideas and convenient to people's production and life;at the same time,Bitcoin triggers a number of real risks and potential threats,bringing great challenges and urgent demand to the laws and regulations.The purpose of this paper is to define the concept of Bitcoin,to explore the legal attribute of Bitcoin and to find many risks and legal issues in the explosive development of Bitcoin.In view of the dilemma described in the article,we deeply analyze and actively seek the countermeasure of legal supervision policy,so that the new things,such as Bitcoin,can develop healthily.In the first chapter,this paper describes the background and significance of the topic selection,summarizes the foreign and domestic literatures,and explains the research methods and innovations of this paper.The second chapter introduces the concept and features of Bitcoin,which is the neutralization,the anonymity,the network,the total quantity fixation,the international circulation,the fast and low efficiency.Bitcoin also distinguishes between other similar concepts,describes the production and trading operation principle,the origin and development stage,and then confirms the legal attributes of the currency and commodity.The first part of the third chapter analyzes the outstanding problems caused by its own characteristics: the challenge of the central bank's authority,the initiation of new type crimes,the lack of credit risk and technical safety risk.The second part analyzes many disadvantages of Bitcoin legal supervision:the Bitcoin legal definition of ambiguity,the lack of legal system of Bitcoin trading,the difficulty of determining the value of proof,the difficulty of evidence collection and preservation,vague jurisdiction,the choice of the applicable law,judicial attitude contradiction and so on.The fourth chapter introduces the current situation of Bitcoin legal supervision in the United States,Britain,France,Germany and Japan and other foreign countries,and then describes the advantages and shortcomings of Chinese treatment of Bitcoin,which lead to the comparison and enlightenment of Bitcoin legal supervision status at home and abroad,such as the public power intervention in time,avoiding absolutely kill,implementing real-name registration.The fifth chapter,which constructs the legal supervision system of China's special currency,is the key part of this article,putting forward a more comprehensive and complete countermeasures and suggestions.Measures are as follows:the first item is to point out that it is necessary to clarify the legal status and follow the principle of the Bitcoin legal supervision.The second item is to standardize the Bitcoin trading platform,improve the access threshold and implement of the duty of protection.The third item is to improve the judicial protection system,for example,the jurisdiction,the preservation of electronic evidence,value identification,early-warning mechanism.The forth item is to strengthen the market risk prevention and control regulation,such as a tax on Bitcoin transactions and crackdown on money laundering and other criminal activities,and meanwhile to explore the real name system,the establishment of information disclosure and security mechanisms.