Classification of Cryptocurrency Disputes in the Context of Private International Law
Cryptocurrency has attracted widespread attention since the official launch of the Bitcoin project in 2009.This is a revolutionary invention that uses advanced cryptography and distributed ledger technology to create and control wealth.Cryptocurrency is not regulated and issued by any sovereign state,and each participant plays the role of a server and verifier.Cryptocurrency is a concentrated manifestation of people's distrust of financial institu-tions since the 2008 global financial crisis,because cryptocurrency allows users to transfer money quickly to others at any time and anywhere through computers without banks and third-party credit institutions.Even if it is complete-ly banned by some countries,the total market value of cryptocurrency is still high at ＄2 trillion,and the value is still increasing.At the same time,new legal issues continue to arise.How to solve the new problems caused by new technologies through the current legal framework has become a pain point and difficulty in the development of cryp-tocurrency.The lag of the law leads to the absence of special legislation on cryptocurrency,and private international law,as a"distribution law",will become a bridge for law intervention in cryptocurrency.The first challenge faced in resolving cryptocurrency disputes through the theory of private international law is the issue of dispute classifica-tion.What constitutes a cryptocurrency dispute is subject to different judicial and theoretical understandings.The lag in legislation has led to the dilemma of not being able to classify cryptocurrency cases in the domestic laws of many countries,while the decentralized fog of cryptocurrency has put a mysterious veil on the classification of cryp-tocurrency-related cases.This paper dispels the mystery of cryptocurrency disputes through the classification theory of private international law,clarifies the objects that should be classified in cryptocurrency disputes,and then as-signs the existing cryptocurrency disputes to the appropriate sectoral laws by classifying the foreign-elements of the cryptocurrency disputes and the scenarios of their use,clarifies the rights and obligations in the cryptocurrency-re-lated legal relations,and opens the membrane between the law and the crypto-space.Through an in-depth analysis of the operation structure and technical details of mainstream cryptocurrency systems,combined with the identified objects,the sources of rights and obligations in cryptocurrency systems are analyzed,the types of different rights and obligations are studied through the characterisation of private international law,and the disputes involved in cryptocurrency are divided into on-chains disputes and off-chains disputes.The study of the private international law classification issues in cryptocurrency disputes prompts a reexamination of the classification theory within private in-ternational law,urges a reconsideration of whether foreign-elements fall within the scope of classification.Simulta-neously,the recognition and understanding of emerging legal issues by the classification theory will further enrich the instrumental value of private international law.The classification of cryptocurrency disputes within the scope of private international law demonstrates the feasibility of legal governance in the realm of the crypto-space.This not only enables us to better harness this innovative technology but also contributes to the enhancement of China's legal governance capabilities across various levels and sectors.Moreover,the legal governance of the crypto-space imparts the most scarce legal certainty and predictability to individual investors.This not only ensures a more effective utili-zation of this groundbreaking technology but also serves to elevate the levels and capabilities of legal governance in China across diverse dimensions.Simultaneously,the lawful governance of the crypto-space bestows upon individual investors the invaluable assets of legal certainty and predictability,making their ventures in this space more secure and conducive to fostering a robust and regulated environment.
cryptocurrency disputesclassificationforeign-elementslegal attributes of cryptocurrency
万方数据
维普
