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破局虚拟货币追赃难题!上海法院落地 “境内委托香港处置” 模式
Xin Lang Cai Jing· 2025-09-23 07:31
Core Viewpoint - The Shanghai High Court has issued guidelines for the disposal of virtual currencies in criminal cases, aiming to enhance the recovery of assets for victims while navigating the complexities of virtual currency regulations [1][4]. Group 1: Shanghai Court's Approach - The Shanghai Baoshan Court successfully disposed of over 90,000 FIL coins using a "domestic entrustment, overseas disposal, closed-loop return" model [1][2]. - This model involves entrusting the virtual currency to a third-party institution, which then collaborates with qualified overseas agents to complete the transaction on a licensed virtual asset trading platform in Hong Kong [2][7]. - The funds from the disposal are converted and transferred to a dedicated account for the court, ensuring compliance with national foreign exchange regulations [2][7]. Group 2: Comparison with Beijing's Model - Beijing has also developed an innovative approach for handling virtual currencies, involving the Beijing Property Exchange and licensed trading platforms in Hong Kong [3][4]. - Both Shanghai and Beijing's models share a common goal of utilizing compliant platforms for overseas disposal, but differ in operational execution; Shanghai relies on third-party institutions while Beijing uses the Property Exchange [3][4]. Group 3: Legal and Regulatory Context - The legal status of virtual currencies in China is complex, with regulations prohibiting certain activities while recognizing virtual currencies as protected digital assets under the Civil Code [6][7]. - The Shanghai court's actions reflect a balance between regulatory compliance and asset protection, aiming to maximize recovery for victims while adhering to legal frameworks [6][7].
金融犯罪案件呈现小幅下降趋势 上海检察机关实行全链条惩治和综合治理
Group 1 - The Shanghai procuratorial authorities received a total of 784 financial crime arrest cases involving 1,327 individuals and 1,384 prosecution cases involving 2,671 individuals from 2024 to the first half of 2025, indicating a slight downward trend in both case numbers and involved persons [1] - Financial crime cases are becoming increasingly complex, with trends showing more group operations and interconnected criminal chains, while illegal fundraising cases have decreased significantly, although cases disguised as health care and film investments have become more misleading [1] - There is a notable increase in securities-related crimes, particularly in financial fraud cases, while risks in loans, credit cards, and insurance fraud are becoming more prominent, alongside the rise of illegal foreign exchange cases and the use of virtual currencies in criminal activities [1] Group 2 - Recommendations from the procuratorial authorities include enhancing law enforcement and judicial collaboration, improving administrative and criminal justice mechanisms, and addressing social governance issues through industry self-regulation and judicial cooperation [2] - There is a call for improved financial risk identification, assessment, and prevention mechanisms, utilizing data and information technology to monitor key areas and respond to potential illegal financial activities disguised as financial innovations [2] - The authorities emphasize the need for better governance in financial institutions, including strict oversight of innovative products, management of financial personnel, and the establishment of a gray list for departing employees to minimize opportunities for illegal activities [2] Group 3 - The Shanghai procuratorial authorities have been innovating their approach to financial crime, integrating case handling with risk mitigation, asset recovery, and comprehensive governance, while fostering a specialized and international talent pool [3] - The focus is on a full-chain approach to combating serious financial crimes, enhancing financial crime warning education, and promoting legal awareness among the public [3]