New situation of rights protection in virtual currency disputes in 2021

It’s another year. In 2021, with two heavy documents, the currency circle is “disappearing” and the mining industry is “disappearing”.

The memorabilia is not listed, I believe many media in the circle are reviewing it.

The last article in 2020 will be reserved for the ” rights protection in the currency circle ” to talk about the new situation of rights protection.

Civil rights protection is difficult, not “general”

Civil rights protection, from the 924 notice-“Any legal person, unincorporated organization, or natural person investing in virtual currency and related derivatives that violates public order and good customs, the relevant civil legal actions are invalid, and the losses arising therefrom shall be borne by themselves “-Speaking .

In fact, before 924, there were successive invalid judgments, mainly based on Circular 94 and Circular 289. However, some entrusted investment cases or asset custody cases are still heard in accordance with the logic of ordinary cases.

However, after the 924 notice, many things changed. In the court system, when it comes to “coins”, in almost 90% of cases, the mention of “coins” is basically “invalid” and basically “not protected by law.”

Take a judgment in Guangdong as an example. The user lost the coin and sued the wallet vendor. The court held that the wallet provider’s technical support failed to fully play the role of risk defense, and the obligation of prompting was not fully fulfilled when the risk occurred, and that users should be held responsible for the loss of coins. Therefore, it was judged that the wallet merchant would refund the corresponding service fee. However, the lost coins in the wallet are considered to be not protected by law according to relevant policies, so the relevant risks are borne by the users themselves, and the wallet provider does not need to compensate.

Some people may ask, since it is proved that there is a problem with the risk control of the wallet, which caused the coin to be lost, shouldn’t the service fee be refunded, plus compensation for the loss? In exchange for other assets, maybe it is. But now that the subject matter is “coin”, it is not ordinary logic. The court’s judgment logic is that the technical service contract between the user and the wallet provider is established in accordance with the law and is protected by law. Then the wallet provider has charged the service fee but failed to provide corresponding protection, and the service fee should be refunded. As for the “coins” in the wallet, because the “coins” themselves are items that are not protected by law, if they are lost, the wallet vendor is not responsible, and the user is at his own risk.

I think of a judgment made by the Guangzhou court a few days ago. The partner deleted the private key, causing permanent loss of the virtual currency and was sued. The court remained the logic that “coin” was not protected by law, and rejected all claims.

Someone can’t help asking, doesn’t the current trial thinking fuel the arrogance of the “defendants” in these cases, and make them more confident, because there is no need to pay compensation?

Yes, it is true. The more protection, the harder it is to cool the “coin circle”. Therefore, we adopted a method of drawing salary from the bottom of the pot , starting from the very beginning . Coin loss is not protected, the private key is maliciously deleted, and the entrusted investment is not protected. It is equivalent to telling the “player” if you can You can endure all kinds of “cry storms” in this circle. The “coin circle” is up to you, but if something goes wrong, don’t come to defend your rights, don’t care. If you don’t want people and money to be empty, stay away from the “coin circle . ” It is hoped that in this way, the “coin circle” will gradually be marginalized and niche.

Criminal, file a case is not so difficult

Compared with the civil “difficulties”, criminals have seen ray of light-the difficulty of filing a criminal case is much lower than in the past.

In other words, the protection of victims has taken another step.

In the past, people encountered virtual currency fraud or fund listings, and people from all over the country sought to file a case, and they were often dissuaded. Regardless of the status, it was miserable. But now, especially since the fourth quarter, the situation that Yihuo Xiaolu has been exposed to has changed significantly. After preparing the basic report materials, under the rhythmic and strategic alarm plan, the public security organs have become more enthusiastic about accepting cases in the currency circle.

The core of reporting and filing a case is “evidence.” The evidence is complete, and everything else is the icing on the cake. Blindly pulling the banner or grouping together to report to the police, the effect is not good, and it is not conducive to follow-up.

Only after the case is successfully filed can it be considered whether the loss can be recovered. This is hard to say, I can only say that you need to have enough patience, don’t hold too much hope, but there will be unexpected surprises.

Of course, I have also encountered many victims. After experiencing all kinds of rights protection, I hope that the criminal suspect will be brought to justice. That’s it. Then, just watch the case trend or appoint an agent ad litem to follow up.

In short, in 2022, the victims of the currency circle, let’s take action ~~~

By the way, meticulous readers may wonder why the civil protection is not, but the criminal protection is strengthened? The bottom logic is different. The bottom logic of criminal law cannot be separated from social order and stability, as well as the guidance and punishment of various behaviors. To give an extreme example, A and B trading contraband, the law certainly does not support, if the lawsuit is involved, the contract must be invalid. But if A is on the way to the transaction, the contraband in the bag is stolen. The police uncle will still catch the thief, and the thief will be sentenced in accordance with the law, but the contents of the bag will not be returned to you.

Posted by:CoinYuppie,Reprinted with attribution to:https://coinyuppie.com/new-situation-of-rights-protection-in-virtual-currency-disputes-in-2021/
Coinyuppie is an open information publishing platform, all information provided is not related to the views and positions of coinyuppie, and does not constitute any investment and financial advice. Users are expected to carefully screen and prevent risks.

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