current position:Home>How did "Second Uncle"'s sickle cut your head?

How did "Second Uncle"'s sickle cut your head?

2022-08-03 18:36:09Sina Finance-Blockchain

  尽管“二舅币”Is not in the domestic distribution,但我们仍然可以In the context of Chinese simple analyse for you“二舅币”In the event legal risk,正本清源.应当说明的是,Whether I was sayin sayin sister elder sister team members do not know any familiar with my uncle c,绝非“内部知情人士”,We like the public can only through the related media coverage of open channel information to understand and evaluate my uncle c.

  一、事件概述

  According to media reports the information,My uncle currency sponsor is mentioned by the previous network popular video(热点事件),成立了second uncle DAO,In the main body enforced currency and absorb money.The party claims to raise funds will be donated to“二舅”,To provide old-age security.Though stunt sounds very good,但近日以来,But some netizens revealed that my uncle coin currency pool suspectedRug pull(Encryption assets circle proper nouns,Refers to projects with run road),项目方已通过Tornado CashMoney laundering success,Success go about130万美元资金.

  尽管随后second uncle DAOThe net friend of questions,And foreign clarify said“Team did notrugpull”,Some netizens also released news pointed out that the Internet itself is not reliable.但“My uncle currency crash”Out in a very short period of time still heavy on hot search,引起热议.目前,According to the related website,My uncle coin currency only one over ten of the highest.

  二、“二舅币”With my uncle:Tort risk

  尽管“二舅币”热度不凡,May even be inspired people rushed to imitate,但应当注意的是,“二舅币”The operation still exist a lot of risks in the process of,对于“二舅币”Project the side,其First against the tort risk.

  尽管“二舅币”Project didn't specify the so-called my uncle to refer to the object,Its official name is adopted“second uncle”Such a particular name described,But, whether the project party used by pictures,Or items used by the copywriter,Is precisely to“二舅”The word narrowed to the character of the network video.但目前看来,Project party does not seem to be with my uncle himself any project related agreement,那么根据我国《民法典》、《著作权法》的规定,Project party actually violated my uncle I image rights,And the author photo(拍摄者)的著作权.

  具体而言,根据我国《民法典》第1019条的规定,未经肖像权人同意,不得制作、使用、公开肖像权人的肖像,但是法律另有规定的除外.Use my uncle's portrait project party for commercial publicity clearly without my uncle I agree,The behavior of belong to unauthorized use of my uncle's portrait,At the same time the use of behavior does not belong to《民法典》第1020The category of the rational use of,So the behavior of my uncle image rights infringement.此外,根据《著作权法》第26条的规定,使用他人作品应当同著作权人订立许可使用合同,本法规定可以不经许可的除外.Project party use the photographs of the author's work but did not enter into a contract and the author also did not get the authorization of the author,At the same time its use also does not constitute a copyright law in the sense of rational use of,因此,This behavior also belong to the picture the author copyright infringement.

  综上所述,对于“二舅币”Project the side,The unauthorized use of another portrait as the head of his behavior,Not only violated my uncle image rights,At the same time violated the relevant copyright holder,Shall bear the corresponding civil tort liability.

  三、For the sake of donations and issuing:刑事法律风险

  Despite the civil legal risks,If the foregoing information is true,So my uncle currency issuing financing behavior projectIn fact should be thought of as aICO行为,In our country belongs to the administrative illegal behavior.具体而言,其违反了2017年9On the central bank released the seven ministries and commissions such as《关于防范代币发行融资风险的公告》(以下简称《94公告》).根据《94公告》,所谓ICO是指“融资主体通过代币的违规发售、Circulation to investors to raise the currency、The etheric fang, such as the so-called‘虚拟货币’,其本质上是一种Illegal public financing without approval,Alleged illegal sale tokens、票券、金融诈骗、Pyramid selling illegal and criminal activities.”

  Although project claim to release“二舅币”Purpose is to provide security for my uncle's pension,But for a good purpose doesn't mean that the parties to this evil,Under the perspective of the law to see,Is can't get is the result of using the method of not straight.发行”二舅币“Actually conform to the foregoing aboutICO的规定,Can be judged as aICO行为.而根据《94公告》,Central ministries haveICO定性为“Illegal public financing without approval”,因此,开展ICO直接违反了《94公告》,Belongs to administrative illegal items.

  在此基础上,值得注意的是,如果在发行“二舅币”In the process of the project party exists external promised benefits,或是将“二舅币”Completely as stock、Securities and other financial products to treat and so on behavior,This behavior is likely to be evaluation for illegal fund-raising behavior,Which may constitute a《刑法》第174条的擅自设立金融机构罪、第176条的非法吸收公众存款罪、第179条的擅自发行股票、公司、企业债券罪等,Project party therefore have a greater risk of criminal law.

  Even if the project does not implement the behavior in the process of operation,But if the rumors are true,那么,My uncle currency project party about the alleged constitute our country《刑法》第266条规定的诈骗罪,亦或是《刑法》第192条规定的集资诈骗罪.具体而言,Project party run or money laundering are able to reflect the subjective for the purpose of illegal possession,此外,The foreign claims to be raised for donations,But actually the money used for other purposes,Clearly belong to defraud investors money by fraud means,在这种情况下,As long as the amount of the crime of fraud to the“数额较大”的标准,Project about the alleged constitute the crime of fraud of the.

  此外,If the project behavior and illegal absorbing public savings behavior,Is on the basis of have the purpose of illegal possession, constitute the crime of fraud of the fund-raising directly,If the fraud amount to130万美元计算,则属于数额巨大,应处以Seven years shall be sentenced to fixed-term imprisonment or life imprisonment.

  At the same time, need your attention is that,尽管“二舅币”Issued in a foreign country,But there is no denying that many Chinese users involved,Therefore once the project party act constitutes a crime,根据我国《刑法》第8The relevant regulations on protection of jurisdiction,即便是在国外,As long as it is against our citizens crime(And the legal punishment shall be sentenced to fixed-term imprisonment of not more than three years in),Our country still has jurisdiction.And if the project personnel itself belongs to our citizens,那么根据《刑法》第7Article belongs to the personal jurisdiction,Our country still has criminal jurisdiction on its,Can by Chinese criminal law punishment.

  写在最后

  事实上,像“二舅币”The ceng issuing as early as the hot issues in the2017Years have become common,The wraps in overseas also remained a fixture,Belong to the circle of virtual assets frequent common type of crime.实际上,This is an old wine in new bottles of financial fraud.从1919Ponzi scheme started in,The form of financial fraud in various in different parts of the world,Administrative regulatory agencies and the judiciary has never cease to struggle against financial fraud,只能说,Using the established social hot issuesDAOIssuing such fraud is the use of new technology and new concept of fraud means,但Investigate its behavior nature,Still in law(Especially the criminal law)、Administrative regulations prohibited categories.

  For investors to participate,最大的风险就是:(1)Unable to obtain investment income;(2)Investment capital cannot be brought back.另外,In this kind of scam,Victims often are not ordinary small white investors,But by groups of people have certain encryption asset investment experience,There's a certain speculative mentality incoming lead to be fooled.对此,飒姐团队认为,The best proof deception is they have not participate in,If must incoming,Then investors before the investment must be conducted to project a more detailed background check,Try to choose reputable project,Don't blind investment.

  For administrative regulatory agencies and the judiciary,This needs us strengthen the regulation of advance education,Strengthen the social propaganda education prevent financial fraud prevention.同时,When dealing with financial crimeThe judicial organs must be based on facts,以法律为准绳,坚持公平、The unity of justice and efficiency.

责任编辑:张靖笛

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