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On The Legal Attribute Of Virtual Currency

Posted on:2018-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:S T LinFull Text:PDF
GTID:2346330542959242Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
There is a significant difference between the virtual currency and the legal tender in the subject of issuance,the scope of application,the purposes and functions of the issuance?So,it does not belong to the legal tender.However,the virtual currency has the property and should be protected by law.Traditional civil law divides property into real right,creditor's right and intellectual property.However,such a three-point model is indecisive and can not include the virtual currency.From the perspectives of the constituent elements of the virtual currency and the legal protection of the virtual currency,it should be included in the protection of real rights.However,the provisions of our civil law must be physical,and the virtual currency does not belong to the physical,which led to the classification of virtual currency plight.In the future formulation of the "Civil Code",special provisions should be made on the legal attributes of the virtual currency,which should be included in the object and be protected on the property rights.Under the current model,the legal protection of virtual currency should be modeled on the protection of applicable real rights.
Keywords/Search Tags:Virtual currency, Real right, Property, Legal attribute
PDF Full Text Request
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