| The application and progress of blockchain technology has spurred the birth and development of Bitcoin.Currently,China is advocating the strengthening of independent innovation of blockchain technology to promote the development of industrial reform.The bitcoin transaction formed based on this technology must not only conform to the laws of the socialist market economy,but also conform to my country's laws and regulations.All along,the relevant legislation on bitcoin and its transactions in my country is not clear,and its legal attributes and transaction behavior are still unclear in judicial practice.Although in 2013 and 2017,the Central Bank and other ministries issued the "Notice on Preventing Bitcoin Risk" and "Announcement on Preventing the Risk of Token Issuance and Financing" to clarify that Bitcoin does not belong to the legal nature of currency and regulate the prohibition of token issuance and financing Behavior,but it is not enough to clarify the legal nature of bitcoin and adjust the infringement disputes caused by bitcoin exchanges.It also plays a reference role in the judiciary and cannot be the basis for the court to directly determine the bitcoin transaction infringement case.Whether bitcoin is a legal subject matter or not,the issues of tort liability of bitcoin business still need to be resolved.According to China's "General Rules of Civil Law" and "Infringement Liability Law",the legal attributes and transaction circulation behavior of Bitcoin virtual commodities are adjusted and protected by our civil law,but in the judicial practice of our country,the people's court's judgment on such infringement cases Different from each other,there are often conflicts and confusions in the application of the law.If the trading relationship and trading market are not regulated,it may not only cause huge losses to many investors,but also be used maliciously as a means of infringing property rights and causing infringement.Those who stand outside the law.The relevant legislation on bitcoin transactions is the legal basis for regulating the market order and developing the blockchain industry in a healthy and orderly manner.At the same time,the correct application of the law in justice is also very important.The discretion of judges also directly affects the comparison in judicial practice in China.The determination of the legality of the special currency and the division of the tort liability of the two parties to the transaction.This paper is divided into the following parts.Chapter I.It is mainly to introduce the relevant research background and literature review of this article,including the background of bitcoin production and an overview of the main literature,as well as the research content and research methods.Chapter II.the brief introduction of the case.Listed the infringement disputes and the focus of disputes of three Bitcoin transactions in my country from 2016 to 2019.Explain its basic case and list the views of the original defendant and the court's judgment,and summarize the relevant disputes.Chapter III,legal analysis.Through the above three cases and their relative jurisprudential analysis,it is proposed that such tort cases belong to the reasonableness of the acceptance of civil cases in my country,and the tort liability is studied.Explore the concepts and legal attributes of blockchain,bitcoin and its business,and through the structure and characteristics of bitcoin transactions,try to ascertain the legal relationship and rights and obligations of both parties of the transaction,such as the security guarantee obligations and infringement of bitcoin operations Responsibility,clarify the types of civil law adjustments in civil and criminal cross-cutting cases,and study the attribution of such cases.Chapter IV,research conclusions.According to the legal analysis,the conclusions of the focus research of the three cases are drawn,and at the same time,the current bottleneck issues related to my country's bitcoin transaction legislation are insufficient,the courts have different judgments and blame.Chapter VI,research enlightenment.The author will examine China's recent policies on bitcoin transactions and their response trends,and put forward considerations on the legal regulation of their transaction infringement issues,such as clarifying the security guarantee obligations of the bitcoin business and improving the principle of fault presumption in such cases Through the application of the case,the corresponding enlightenment suggestions are proposed for the desirable direction of legislation and judiciary through the conclusion of the case study. |
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