【首度观察】数字资产立法弦外之音

Core Viewpoint - The article discusses the divergent legal statuses of cryptocurrencies in different jurisdictions, highlighting the recent legislative changes in the UK, the regulatory environment in the US, and the strict stance taken by China towards virtual currencies [2][9][10]. Group 1: UK Developments - The UK has enacted the "Property (Digital Assets etc.) Act 2025," which recognizes digital assets like Bitcoin and NFTs as personal property under the law, allowing for inheritance, mortgage, and legal claims [3][4]. - This legislation is seen as a significant shift in property law, providing a legal framework for ownership and recovery of stolen digital assets, and is a response to a 2023 report by the UK Law Commission [3][4]. - The UK aims to establish a clear legal basis for digital assets to ensure they can be managed and enforced in civil and criminal disputes [4]. Group 2: US Developments - In the US, the focus is on "compliance domestication and market pricing," with significant movements in the cryptocurrency market, particularly regarding Circle's IPO and the establishment of a regulatory framework for stablecoins [5][6]. - Circle's stock has seen substantial growth, reflecting the market's positive reception to regulatory clarity around stablecoins, which are increasingly viewed as compliant extensions of the US dollar [6][7]. - The US approach emphasizes the financialization of cryptocurrencies, particularly those that can meet regulatory requirements, rather than simply legitimizing all crypto assets [6][8]. Group 3: China Developments - China maintains a strict stance against virtual currencies, categorizing them as illegal financial activities and emphasizing that they do not hold legal tender status [9][10]. - Recent meetings led by the People's Bank of China have reiterated the risks associated with stablecoins, particularly in terms of anti-money laundering and capital control [10]. - The Chinese regulatory framework aims to isolate risks associated with cryptocurrencies while promoting the digital yuan as a controlled alternative [10][13]. Group 4: Global Implications - The article highlights a growing divergence in global digital asset governance, with the UK, US, and China adopting fundamentally different approaches to cryptocurrencies [11][12]. - The UK focuses on property rights and legal recognition, the US on compliance and market integration, while China emphasizes strict control and risk isolation [12][13]. - This divergence suggests that the future of digital asset regulation will involve navigating complex legal landscapes across different jurisdictions, impacting market participants significantly [11][16].