Brightness Or Darkness:the Crime Of Illegal Business Operation In The Metaverse

At present,the topic of the development trend of the metaverse has changed from "the revolution of digital media" to "the hype foam of NFT virtual digital collections".The new transaction mode lacking reasonable supervision ideas and supporting supervision system will face the argument of "wrong way" and "right way".The characteristics of NFT transactions at this stage are still in line with the object theory of property rights and the object theory of the universe.They are only new "diverging" variants of traditional transaction types based on technological innovation.At the level of business licensing,they face "denial of nature" with unclear transaction attributes and "denial of content" with unclear transaction attributes,resulting in triple licensing disputes involving conflict in system construction,conflict in the purpose of the licensing system,and conflict in practical feedback,This leads to forward-looking thinking about the crime of illegal business operations involved in the operation of NFT trading platforms.The incrimination argument can start from the multiple risk analysis of transaction types,and conduct a penetrating argument on risks such as "creating a hotbed of crime","causing consumer panic",and "causing copyright disputes." Firstly,conduct an investigation on the necessity of incrimination in three aspects: the "pocket crime" argument for criminal acts,the reference for similar cases,and the rational choice of governance ideas.Secondly,conduct an investigation on the orientation of business purposes,the characteristics of business behavior The inherent requirements of business operations serve as a fulcrum to clarify the criminal basis for establishing "business" behavior in the constitution of the crime.Finally,based on the characteristics of typical cases and the integration and induction of risk matters,the classification principle is used to determine the sub elements of "disrupting market order",and "violation of the law in sales behavior","conniving in criminal risks",and "violation of copyright regulatory review obligations" are used as the judgment criteria for the crime of illegal business operations,In order to achieve the legislative purpose of regulating transaction types and the governance orientation of promoting the benign development of the industry,the types of illegal transactions will be bound within the legal and regulatory system,allowing the "right path" to become more and more upright,and allowing the "wrong path" to be attributed to sanctions.