The Criminal Law Issues Of Block Chain Financial

Blockchain technology is a hot frontier technology.It has an extremely important position in the field of computer innovation.Its application in the financial field is deepening,and many emerging blockchain financial industries and financial instruments have emerged.Formed a trend of continuous outward spread with bitcoin as the core.Blockchain finance,the application of blockchain technology in the financial field,involves digital currency,payment,fundraising,insurance,foreign exchange and other fields.It has the characteristics of decentralization,smart contract,consensus sharing,and diverse subjects.Although the blockchain technology itself is neutral,the behavior of the perpetrators for crimes can still be evaluated as harmful behaviors in criminal law.China's current regulations do not explicitly identify and punish blockchain financial malpractices,and there are corresponding gaps in the field of criminal law.Some of the blockchain financial crimes that have emerged at this stage can be incorporated into the criminal circle through the expansion of interpretation,but there are still some problems in some areas that cannot be solved.Such as the identification of digital currency,the nature of ICO and the measurement of legal benefits,and the criminal law system that infringes on data crimes.This paper believes that for the current situation,the blockchain financial criminal law issues should be divided into three categories:one is the alienation of traditional financial crimes with the help of blockchain technology;the second is the new type of crime generated by blockchain finance;the third is the blockchain.Criminal supervision of financial risks.Blockchain financial crimes are concentrated in the fields of fund-raising crimes,crimes of escaping money,crimes of money laundering,and crimes of illegal business.The support of blockchain technology has made the appearance,organization and behavior of these traditional crimes alienated.It is difficult to identify the crime and the degree of crime damage.In particular,there is a competition with computer crimes.This paper believes that the four application modes involved in blockchain finance can cover two types of legal benefits:first,financial transaction security,second,financial management order security,third,stability of China's foreign exchange control,and of course,financial investors.Property security.Most of the illegal means of blockchain finance are based on traditional crimes,using technological outerwear,which has different alienation of criminal means,efficiency,degree of harm and organizational form.But it can actually be concealed by the original crimes.For such crimes,the existing criminal law can complete the evaluation of such behaviors by means of interpretation.The new types of crimes against data crimes are different.In the context of the era of big data,data has become an important means of production and social resources,and its property nature has become increasingly prominent.This paper believes that data security and property value should be included in the criminal law legal benefits,and through criminal legislation to protect data security and relative human data property interests.In the full understanding and reflection of China's criminal policy of "tempering justice with dignity",this paper believes that the issue of technological neutrality should be treated with caution and the criminal circle should be appropriately expanded.In the development of blockchain finance far exceeds the status quo of administrative regulations,the criminal law timely guarantees work,actively enacts legislation,and cracks down on blockchain financial new crimes.At the same time,we actively introduced the establishment of a criminal compliance system to control the financial risks of blockchains,to achieve legal compliance,to combat illegal activities,and to protect the healthy development of the blockchain financial industry.However,it must also be recognized that the regulation of blockchain finance should establish a three-dimensional protection system based on criminal law,criminal compliance as an aid,and multi-party supervision,in order to achieve pre-existing prevention,effective control in the matter,and post-treatment of standardized governance effect.