Several New Crimes in the Digital Economy Era and the Criminal Law Responses
In light of the emergence of novel criminal activities concomitant with the accelerated growth of the digital economy,it is imperative that China's criminal legislation and associated judicial practices evolve in a timely and effective manner.In this context,three new types of crimes that have emerged in the digital economy are presented for discussion.Firstly,there are currency crimes concerning E-CNY.As a central bank digital currency,E-CNY could theoretically be subject to the norms of currency crimes under the current Chinese Criminal Law.Article 151 of the Criminal Law encompasses a range of offenses pertaining to the illicit transportation and concealment of counterfeit currency.Furthermore,Articles 170 to 173 provide a comprehensive definition of the criminal offenses pertaining to the counterfeiting of currency,including the sale,purchase,transportation,possession,and use of counterfeit currency,as well as the alteration of currency.Nevertheless,in practice,the technical characteristics of digital currency make it challenging to regulate crimes involving digital currency in a manner that is consistent with the aforementioned criminal norms targeting physical currency.In order to adequately address the unique challenges posed by the digital economy,it is essential that legislation be based on a timely and responsive approach to the improvement of the currency crime system,taking into account the evolving social context.Secondly,the issue of money laundering involving virtual currencies must be addressed.On an international level,the Financial Action Task Force(FATF)attaches significant importance to the potential risks associated with money laundering and terrorist financing activities involving virtual currencies.In China,virtual currencies are not recognized as legal tender.Financial institutions and payment organizations are prohibited from engaging in related business activities.However,due to the disparate regulatory policies adopted by various countries and regions with respect to virtual currencies such as bitcoin,virtual currencies can be freely exchanged with legal tender through overseas virtual currency service providers and exchanges.As a result,virtual currencies have emerged as a novel vehicle for cross-border money laundering.In instances of money laundering involving virtual currencies,the provisions set forth in Article 191,paragraph 1(5)of the Chinese Criminal Law shall be invoked.In light of the aforementioned,the amount of money laundered shall be calculated based on the amount of funds that were actually paid in exchange for the virtual currency.In instances where the amount of funds cannot be ascertained,the amount of the virtual currency used for money laundering shall be taken into account as a sentencing circumstance.Thirdly,the emergence of novel forms of corruption in the digital economy.In recent years,the Chinese government has placed a significant emphasis on combating new and emerging forms of corruption.The objects of bribery offenses in Chinese Criminal Law are defined as both tangible and intangible assets,including property interests.A comprehensive regulatory review reveals that the essence of the various forms of a novel type of corruption remains the exchange of trade power for monetary gain.The use of virtual currency,NFTs,and other digital assets as bribes,or the formal digitization of physical objects such as cash gifts in red envelopes and gift cards,do not alter the object or substance of bribery crimes.Consequently,these new forms of corruption should be included within the scope of bribery crimes.
Digital economyDigital fiat currencyVirtual currencyMoney launderingNew forms of corruption
万方数据
维普
