Crypto-digital currencies,as an emerging form of case-related property,should be included in the scope of criminal disposal. Existing pretrial disposal activities for crypto-digital currencies may infringe on the legitimate rights and interests of litigation participants at the exercise level,or may fail to properly realize the needs of property custody and advancement at the litigation level,and are in urgent need of guidance and regulation. The way of supervision of pre-trial disposal of crypto-digital currencies involved in the case is mostly administrative and ex post facto supervision under the unformed supervision system,with low transparency and unsatisfactory effect of supervision. For this reason,a procedural framework for regulating the pre-trial disposal of crypto-digital currencies should be constructed at both the vertical and horizontal levels,taking into account the three types of crypto-digital currency dispositions. At the vertical level,legal and reasonable procedural rules should be configured. On the one hand,the responsibilities of all parties are clarified based on the subject involved in the litigation,and on the other hand,internal and external supervision is formed based on the supervision of the whole basin;on the horizontal level,the technical application system of power check and balance is improved,and the procedural mandatory disposal measures,quasi-substantive disposal measures,and continuity of custodianship measures are technically perfected and regulated.
关键词
加密数字货币/虚拟货币/涉案财物处置/程序规制/审前处置
Key words
crypto-digital currency/virtual currency/disposition of property involved in cases/procedural regulation/pretrial disposition
维普
万方数据