China People's Court Newspaper released "The Identification of Property Attributes of Virtual Currencies and the Disposal of Property Involved in Cases", and there are several types of opinions on the identification of the criminal law attributes of virtual currencies in practice:
1. The opinion is that virtual currency is only electronic data stored in computer systems, and nowadays it is even circulated as illegal currency in the "black market" in China, mostly serving as a means of payment for illegal crimes and a medium for the illegal entry of funds from abroad, etc., and should not be recognized as property in the sense of the criminal law when there is no explicit provision in the law. In the absence of express provisions in the law, they should not be recognized as property in the sense of criminal law.
2. The opinion is that virtual currencies are virtual commodities with property value, and from the provisions of judicial interpretations on theft and robbery of contraband such as drugs, virtual currencies should also be recognized as property in the sense of criminal law. However, in view of China's current policy of prohibiting the circulation of virtual currencies, it is not appropriate to recognize them as legitimate property to be protected.
3. The opinion is that virtual currencies are property in the sense of criminal law and are lawful property, and that the property rights and interests of holders of virtual currencies should be protected unless they are used by the holders to commit unlawful crimes or stem directly from the unlawful crimes committed by the holders, etc.
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