Beijing's first Bitcoin "mining" contract in the second instance of the original judgment maintained
Author:Beijing France Time:2022.07.11
Recently, the Beijing Third Intermediate People's Court sentenced the Bitcoin "mining" contract dispute in the second instance case. The Beijing Third Intermediate People's Court believes that the speculation activity of virtual currency transactions endangers the "mining" behavior of the people's property and national financial security. It is contrary to the goal, contrary to the public interest, and the "mining" contract is invalid.
In 2019, a company signed a series of contracts with a blockchain company, agreed that a company commissioned a blockchain company to procurement and manage micro -storage space servers (that is, "mining machines"), providing Bitcoin "mining" data value -added services And pay the value -added service income, a company pays management fees to a blockchain company. After the contract was signed, a company paid 10 million yuan to a blockchain company. A blockchain company purchased a "mining machine" and signed a commission contract with a third -party company. After the contract was signed, a blockchain company paid 18.3463 Bitcoin as a value -added income to a company, and has not paid any income since then. A company has repeatedly urged to fail, to the court to ask the court to order a blockchain company to pay Bitcoin and compensate for the loss of the micro -storage space server after the service expires.
The court in the first instance believed that the "mining" agreement should be invalid due to the damage to the public interest of social public interests, and the verdict was rejected by the company's litigation request. A company refused to accept and appealed.
The Beijing Third Intermediate People's Court believes that the new types and complexity of Bitcoin and related economic activities. The regulatory measures of my country's regulatory agencies on Bitcoin production and transactions are based on an objective understanding of it and continuously improved. The identification of the contract effectiveness should be based on the objective understanding of mining activities.
Virtual currency trading hype activities disrupt economic and financial order, breeding illegal and criminal activities such as gambling, illegal fundraising, fraud, MLM, and money laundering, which seriously endangers the property security of the people and national financial security. The "mining" behavior at the expense of electricity resources and carbon emissions is contrary to the high -quality development of the economy and society and the carbon peak, carbon neutralization, and the public interest. Relevant departments rectify the "mining" activities of virtual currencies and identify virtual currency -related business activities are illegal financial activities, which is conducive to protecting my country's development interests and financial security. Judging from the high energy consumption of "mining" behavior and the impact of Bitcoin trading activities on national financial order and social order, the contract involved should be invalid. As the main body of the socialist market economy, the two parties should not only abide by the rules of the market economy, but also bear corresponding social responsibilities to promote the high -quality and sustainable development of the economy and society.
Supply: Beijing Third Middle School
Text: Li Yan Shi Xiaoxia
Edit: Zhao Meilan Yao Rihui
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