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虚拟货币司法处置
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虚拟货币司法处置:需要进行价格评估吗?
Sou Hu Cai Jing· 2025-05-23 11:41
Core Viewpoint - The rapid development of blockchain technology and virtual currencies has led to their widespread application globally, but their characteristics also make them tools for criminal activities, raising concerns about the judicial disposal of virtual currencies in criminal cases [1][4]. Group 1: Current Status of Judicial Disposal - In China, the judicial disposal of virtual currencies is primarily led by public security agencies, involving methods such as seizure and liquidation, but faces challenges due to the unique nature of virtual currencies [4]. - The disposal process is complicated by the need for technical support to seize virtual currencies stored on blockchain networks, the significant price volatility affecting disposal timing, and the lack of unified disposal standards leading to regional practice discrepancies [4][6]. - Most criminal cases involving virtual currencies require price assessments to determine their value, but this practice is contentious due to market fluctuations and the qualifications of assessment institutions [4][6]. Group 2: Necessity of Price Assessment - Theoretically, price assessment of virtual currencies in judicial disposal is meaningful as it clarifies the value of the assets involved, aids in asset recovery, and ensures fair sentencing [5]. - However, the necessity of such assessments is debatable within the current regulatory framework, as regulations prohibit domestic institutions from providing pricing services for virtual currencies, which could be seen as indirectly supporting illegal trading activities [5][6]. - Practical challenges include the rapid price fluctuations of virtual currencies, the lack of standardized assessment methods, and the potential for disputes regarding the credibility of assessment reports in legal proceedings [6][7]. Group 3: Future Directions - The judicial disposal of virtual currencies is gaining attention in both theoretical and practical circles, with ongoing discussions about disposal processes, regulatory policies, and technical support [9]. - To achieve full normalization of virtual currency judicial disposal, efforts are needed to improve legal frameworks, enhance technical capabilities for seizure and disposal, and explore international disposal models [9]. - Until regulatory policies change, the implementation of price assessments in practice should be approached cautiously to avoid regulatory violations, emphasizing the need for a collaborative advancement of policy, technology, and practice [9].