Research On The Legal Rules Of Ownership Transfer In Bitcoin OTC Transactions

With the development of information technology and the development of mobile Internet,reliable control of cloud computing,terminal security storage and chain chain,there have been great changes in the way of payment in the world.The development of digital currency is bringing new challenges and opportunities to the global Internet finance and social economic development.The digital currency globalization boom,which is represented by bits and coins,has risen,and the consumption of digital asset integration,payment and brand alliance is becoming more and more hot in the world.At home and abroad,the development of digital currency based on block chain technology presents a blowout situation.The latest dynamic data display of jiami Capitalizations,according to the market value of the encrypted currency.Beijing time on November 1,2017,the global digital encryption currency market value of 191,732,004,628.And this figure on June 1 is just 89,225,633,$524.However,due to the of digital currency,the regulation of digital currency is more difficult,and the digital currency is a tool for money laundering,illegal financing,and so on.On December 3,2013,the five ministries and commissions including the People's Bank of China issued the “Notice on Prevention of Bitcoin Risks”,categorized bitcoin as “virtual goods” and stipulated clearly that “financial institutions and payment agencies are not allowed to develop Bitcoin.Related business." On September 4,2017,the Central Bank and other seven ministries and commissions issued the “Announcement on Preventing the Risk of Issuance of Coinage Offerings”,which categorized “according to the illegal sale and circulation of tokens to raise Bitcoin to investors” as illegal financing."Acts" and stipulated that "any organization or individual may not illegally engage in the issuance of token-issuance financing activities","All financial institutions and non-bank payment institutions may not carry out business related to the issuance of token-signed financing transactions." At this point,whether the exchange of Bitcoin and legal tender currency or the currency exchange between Bitcoin and other digital currencies has been characterized as "illegal",Bitcoin's "floor trading" has been completely banned.However,as the world's largest bitcoin trading market,the complete withdrawal of Bitcoin from the Chinese market was not achieved overnight.The active performance of Bitcoin in foreign markets and the Chinese OTC market prompted many Bitcoin holders to be reluctant to withdraw from “bits”."Coin circle",but do everything possible to seek off-exchange transactions,which led to the hot scene of Bitcoin OTC.Under the current laws and regulations in mainland China,Bitcoin OTC is not in a period of “three nos” with “uncertainty,no supervision,and no uniform rules”.Before a new,unimpeded market emerges,Bitcoin off-site transactions The transaction is difficult to be banned.Therefore,studying the legal rules for the transfer of OTC ownership of Bitcoin has direct practical significance.At the end of 2016,the state Council issued the "25 national information planning",and clearly put the block chain(Blockchain)in the category of strategic frontier technology.After the introduction of China's block chain technology and application development of the white paper,from the national level,the government level of the problem,in-depth analysis of the global block chain development trend.Explore the policy system and specific path of the development of China's block chain.To study the theory of ownership transfer of digital currency,construct the transfer system of digital currency ownership with Chinese characteristics,which is a strategic frontier technology and profound reform of the Internet development mechanism for our country's comprehensive innovation.Conform to the trend of Internet globalization to provide theoretical guidance and legal basis.This article consists of four chapters.The first chapter is an overview of Bitcoin OTC ownership transfer.It mainly discusses the concepts of Bitcoin,its attributes,and the basic concepts and forms of Bitcoin OTC transactions.The second chapter focuses on the research of Bitcoin OTC ownership transfer mechanism.It mainly analyzes the operational mechanism and the safeguard mechanism of Bitcoin OTC ownership transfer from the basic level.The third chapter is the research on the legal mechanism of Bitcoin OTC ownership transfer,mainly researching and studying the rules of property right of OTC transactions.The fourth chapter is about the realization of the legal rules for the transfer of ownership of bitcoin over-the-counter transactions,mainly through the analysis of the legislation and enforcement of bitcoin in China.Research how to promote the realization of ownership rules of bitcoin OTC through active justice.