Research On The Legal Nature Of Digital Cryptocurrency And Its Cross-border AML Supervision

In recent years,digital cryptocurrency(e.g.Bitcoin)has attracted much social attention.It has created a social ecosystem in which users and book-keepers(also known as "miners")coexist and benefit each other,enabling the establishment of a transaction system that bypasses the central payment system,and,it defines distributed ledger as consensus mechanism,blockchain and hash encryption algorithm as the underlying working principle,competitive book-keeping rights as an incentive model,and the recognition and acceptance of transaction counterparts as the value basis.The emergence of digital cryptocurrency has objectively promoted the development of related industries and set off a wave of investment in new fields but,it has brought advanced tools for cross-border money laundering crimes as well,which causes confusion for the determination of relevant legal relationships and hinders cross-border anti-money laundering supervision.For domestic perspective,due to the complicated working principle of digital cryptocurrency,the value judgment of digital cryptocurrency is confused in legal practice,and the new legislative exploration cannot be well connected with other department laws;and for the international point of view,many countries and regions have gradually realized that digital cryptocurrencies have brought negative effects and impacts on the issue of AML regulation but international cooperation often does not go smoothly because of the different recognition of the nature and legality of digital cryptocurrencies.Therefore,this paper firstly makes a basic discussion of the nature of digital cryptocurrencies from the perspective of civil law and criminal law,then evaluates the cross-border AML regulatory laws,and finally compares the international AML regulatory systems in order to put forward international AML cooperation suggestions.This paper is divided into four parts as follows:Part 1:Introduction.Introduce the problems that need to be solved,and discuss the reasons of starting from the civil and criminal domestic law.Introduce the domestic and abroad research status and the logic of this paper.Part 2:The Value of Digital Cryptocurrencies in Civil Law System.Starting from the technical principles,the concept of digital cryptocurrencies and traditional virtual goods(properties)is clearly defined,and the fundamental differences between digital cryptocurrencies and other virtual commodities(such as QQ coins,online game equipment,etc.)are explained.Starting from the basic principles of civil law,according to theory by matching the requirements one by one,the conclusion that digital cryptocurrencies are in line with the nature of property rights is drawn,and the feasibility of applying digital cryptocurrencies to the nature of property rights in the field of anti-money laundering regulation law is elaborated.Part 3:The Value of Digital Cryptocurrencies in Criminal Law System.With the help of the existing judgment,this paper explores the judicial organ's recognition thinking,points out the illegality of the evaluation of the crime of illegally obtaining the data of the computer information system and the fuzziness of the evaluation of the crime involving the public and private property,and deduces the public and private property nature of the digital cryptocurrency and denies its data nature.Part 4:Conclusion and Evaluation.This paper briefly summarizes the attitude of other countries and regions towards digital cryptocurrency,points out the shortcomings and improvement direction of the current legal regulation of anti money laundering,and puts forward suggestions on the legal regulation of digital cryptocurrency anti money laundering and cross-border anti money laundering supervision combined with the above-mentioned nature conclusion of digital cryptocurrency.