The China's Supreme Court clarifies the framework for crypto disputes

Seit September 2021 hat China Kryptowährungstransaktionen verboten und Krypto-Mining-Operationen stark eingeschränkt. Allerdings hat sich das Verbot in der Praxis eher als allgemeine Richtlinie herausgestellt. Seit ihrer Einführung haben chinesische Entscheidungsträger die Kryptobesteuerung diskutiert. Darüber hinaus stellte ein Gerichtsverfahren aus dem Jahr 2022 klar, dass Einheimische Kryptowährungen zwar nicht als Währung verwenden dürfen, sie aber dennoch besitzen können – als Anlagevermögen. Als Vermögenswert kann es besteuert werden – was zu weiteren Überlegungen darüber führt, wie chinesische Gerichte vorgehen sollten, wenn sie mit Klagen im Zusammenhang mit Kryptowährungen konfrontiert werden. Schulden können mit Krypto beglichen werden In einer Erklärung von Mitgliedern des …
China has banned cryptocurrency transactions since September 2021 and has severely restricted crypto mining operations. However, in practice, the ban has turned out to be a general guideline. Chinese decision -makers have discussed crypto control since their introduction. In addition, legal proceedings from 2022 made it clear that local cryptocurrencies are not allowed to use as a currency, but can still own them - as fixed assets. It can be taxed as an asset - which leads to further considerations about how Chinese dishes should be possible if they are confronted with complaints in connection with cryptocurrencies. Debt can be paid with crypto in a statement by members of ... (Symbolbild/KNAT)

The China's Supreme Court clarifies the framework for crypto disputes

Since September 2021, China has banned cryptocurrency transactions and severely restricted crypto mining operations.

, however, the ban has more developed in practice as a general directive. Chinese decision -makers have discussed crypto control since their introduction. In addition, a legal proceedings from 2022 made it clear that domestic cryptocurrencies are not allowed to use as a currency, but they can still own - as fixed assets.

As a asset, it can be taxed - which leads to further considerations about how Chinese courts should be faced if they are confronted with complaints in connection with cryptocurrencies.

debts can be paid with crypto

In a statement by members of the Supreme Court of China, political decision -makers said that debts can be paid up to an unauthorized amount in cryptocurrency, provided that a valid contract that provides for the payment of such assets was already active and have no other local laws.

However, it is pointed out once again that the cryptocurrencies used to pay the debts are not a legal means of payment. If the aforementioned contract applies as such, Chinese dishes will be invalid.

"If a party uses virtual currency as a regular payment instrument to exchange legal means of payment or physical goods under the guise of a basic business contract, the People's Court states that the contract is invalid."

under certain conditions liable cryptoplate forms

Before the CRYPTOCHEL in 2021, the Chinese government has several times warned citizens of the risks associated with trade in such assets. Although they were considered to be presumptuous at the time, the events of 2022 have proven that these warnings were not completely unjustified.

Chinese citizens who lost their assets during the crypto winter are not protected by the government in court according to the draft law discussed.

However, Chinese citizens who have taken part in the cryptoandel and lost their assets will not be legally followed before September 4, 2017 - the date of a legal document entitled "Notice on Preventing The Financing Risk ISSUANCE" - because trading platforms may not be in court.

The document also outlines how Chinese dishes should treat disputes in which there is suspicion of criminal activities or in which crypto mining is involved. Although the crypto trade in China could be technically prohibited, the continued focus on the investment class could mean that the judgment will be lifted at some point in the future, considering that the country has repeatedly changed its attitude towards digital assets in the past.

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