论数字货币的概念与法律性质

数字货币是以区块链技术为支撑并以电子化方式记录的,不代表实质商品或货物,发行者亦没有兑现实物义务的通货.按照数字货币是否由有权机关发行可以将数字货币分为法定数字货币和非法定数字货币.法定数字货币的法律属性为货币,非法定数字货币通常简称为数字货币,其虽然可以在功能上满足货币的交易媒介要求,但在法律属性上不构成法定货币.按...

On the Concept and Legal Nature of Digital Currency

Digital currency is supported by blockchain technology and recorded electronically,it does not represent any real goods or goods,nor does the issuer fulfill its obligations in kind.Digital currencies can be divided into legal tender digital currency and non—legal tender digital currency according to whether they are issued by competent authorities.The legal property of legal tender digital currency is money,and non-legal digital money is usually referred to as digital currency,although it can meet the exchange medium and stability requirements of currency functionally,it does not constitute legal tender in terms of legal nature.According to the range of recipients of digital currency,digital currency can be divided into general use currency and utility token.According to whether the price of digital currency changes dramatically with the influence of market factors,digital currency can be divided into appreciation currency and stablecoin.Based on the source of anchored value of stablecoin,the stablecoin can be divided into asset-referenced token and e-money token.Based on the usage of digital currency,digital currency can be divided into security token,payment token and utility token.Digital currency has the characteristics of distributed,electronic,consensual,monetary,expendable and disposable.Digital currency is functionally expendable,and its property value comes from the consensus of user groups,which does not constitute data property in law.Digital currency is not a physical object and does not constitute a property in law.The legal nature of digital currency is virtual property,which is protected by law.