| As the block chain,cloud computing and big data technology innovation development,the traditional currency areas have appeared in the new changes,digital currency with its decentralized,anonymity,the advantages of the trading is not restricted,simplifies the traditional capital settlement steps,enrich the way of money payment,also convenient People’s Daily life.Since the emergence of digital currency,the occurrence of digital currency transaction events not only damaged the legal property rights and interests of digital currency consumers,but also caused an impact on the financial and economic development,brought various risks to the development of digital currency,challenged the authority of the central bank,and increased the difficulty of risk prevention and control of digital currency.In view of this,it is necessary to conduct reasonable research on the causes,harms and prevention and control measures of various legal risks of digital currency,so as to create a good and harmonious environment for the development of digital currency in the Chinese market.Research idea of this article is mainly to digital currency legal risk as a starting point,first of all,clear the basic principle of digital currency legal risk prevention and control,then analyzes the legal risks existing in digital currency,finally based on other countries about digital currency legal risk prevention and control measures,and according to the actuality of digital currency legal risk prevention and control in our country,put forward a perfect digital currency legal risk prevention and control measures.This paper is divided into five chapters.The first chapter analyzes the purpose and significance of the research on legal risk prevention and control of digital currency in detail,summarizes the current research situation at home and abroad,and introduces the main research methods,key and difficult points of the research,the structure of the paper and the innovation points of the research.The second chapter of this paper summarizes the basic principles of legal risk prevention and control of digital currency.Firstly,it introduces the relevant concepts of digital currency,including its characteristics,classification and its differences with real currency and virtual currency.Secondly,it summarizes the risks of digital currency and analyzes the legal risks and characteristics of digital currency.Then,it elaborates the theoretical basis of legal risk prevention and control of digital currency,including financial security theory,risk management theory and financial supervision theory.Finally,the value of legal risk prevention and control of digital currency is summarized.Firstly,it is to maintain the stability of the financial system of digital currency,and secondly,it is to promote the stable development of economy and society.The third chapter of this paper analyzes all kinds of legal risks of digital currency,and explains in detail the reasons for the formation of all kinds of legal risks and the harm brought by legal risks.The fourth chapter of this paper mainly studies and summarizes the existing international legal risk prevention and control measures of digital currency.First,according to the specific legal risk forms in the last chapter,the regulatory measures of some countries(such as the European Union,the United States,Japan,South Korea,Australia,etc.)on the legal risk of digital currency are specifically studied.Then from the legal nature of digital currency,digital currency market access perspective,digital currency tax collection system of these three perspectives summarized the experience of digital currency legal risk prevention and control,although the focus of the prevention and control of different countries are different,but the risk prevention and control measures of China have some inspiration.Chapter Ⅴ of this article is based on China’s national conditions of our country digital currency legal risk prevention and control countermeasures and puts forward some Suggestions to perfect,this chapter firstly combed the Chinese currency risk prevention and control in the process of the main practices and existing problems of the current situation of risk prevention and control in China,on the basis of risk of the third chapter,by improving the digital currency trading platform of access and exit mechanism,perfect the digital currency risk prevention and control of relevant regulatory legislation,clear the central bank monetary authority,improve the system of the central bank monetary financial,hit the digital currency trigger a new type of crime,build the central bank legal digital currency legal risk supervision system;In addition,“segmented supervision” and international coordinated supervision are introduced into the legal risk supervision of digital currency,so as to solve the legal risk problems of digital currency from the perspectives of legislation and prevention and control supervision. |