Typological Interpretation of Digital Currencies in the Context of the Civil Code of the People's Republic of China
The legal problems of digital currencies are so numerous that it is essential to clarify the substance,legal nature and legal application of digital currencies in the context of codification.Under the vertical perspective,digital currencies have digital features and de facto currency functions,but they are not exactly the money currency in the Civil Code of the People's Republic of China.Under the horizontal typology perspective,central bank digital currency and private digital currency should be distin-guished firstly according to the issuance and credit endorsement subject,digital RMB as the digital currency of China's central bank belongs to the category of legal tender,and is the money currency in the Civil Code of the People's Republic of China;pri-vate digital currencies can be further classified into stablecoins and non-stablecoins,and the stablecoins can be classified into the asset-anchored stablecoins on the chain and the asset-anchored stablecoins off the chain,which are not the money in the legal sense,but are the civil currency in the Civil Code.They are not currencies in the legal sense,but are the property of civil subjects,and with the exception of privately issued off-chain asset-anchored stablecoins,which are claims,other private dig-ital currencies should be classified as online virtual property.In terms of legal application,account-based and value-based digital RMB should be treated differently,while private digital currencies should be subject to the norms related to claims and network virtual property,respectively.
digital currencyvirtual moneyelectronic currencyblockchainCivil Code
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维普
